Hawman v. McLean
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Son. C. A. Mosman, Judge. Where the circuit court specifies the grounds upon which it sustains the defendants’ motion for a new trial it is to be presumed in this court on appeal that the court’s action was founded alone on the grounds stated, and an appellant who appeals from an order granting a new trial is required to show in the first instance, error, only as to the grounds therefor set out in the record of the trial court.
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Appeal from the Buchanan Circuit Court. — Son. C. A. Mosman, Judge. Where the circuit court specifies the grounds upon which it sustains the defendants’ motion for a new trial it is to be presumed in this court on appeal that the court’s action was founded alone on the grounds stated, and an appellant who appeals from an order granting a new trial is required to show in the first instance, error, only as to the grounds therefor set out in the record of the trial court. Millar v. Car Co., 130 Mo. 517; Gould v. St. John, 207 Mo. 631. If the court committed any error on the trial of this case…
1Opinion of the CourtEllison, J.
Plaintiff’s action is for fraud and deceit. She recovered judgment in the trial'court. A new trial was granted and plaintiff appealed from that order.
It appears that plaintiff owned lands in Andrew county, which she exchanged for lands owned by defendants in Arkansas, and that plaintiff then exchanged the Arkansas land for real estate in the city of St. Joseph, Missouri. Plaintiff alleges that defendants induced her to make the exchange for the Arkansas land by their false and fraudulent representations of its value, its productive qualities and the improvements thereon — matters she did not…
2Cases cited6 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Caldwell v. HenrySupreme Court of Missouri · 1882
- Bank of Atchison County v. ByersSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hawley v. MerrittMissouri Court of Appeals · 1970
- Jackson v. Cherokee Drug CompanyMissouri Court of Appeals · 1968
- Boyce v. GingrichMissouri Court of Appeals · 1911
- Barr v. HaysMissouri Court of Appeals · 1913
- Boyd v. WahlMissouri Court of Appeals · 1913