Jiner v. Jiner
Missouri Court of Appeals
Appeal from Butler Circuit Court. — How. John P. Foard, Judge. The law requires circuit, courts to specify the grounds upon which a new trial is granted and where the court fails to so specify, it is presumed to have granted the new trial for one or more of the grounds set forth in the motion, but errors not complained of in the motion for a new trial, cannot be made the basis of an order granting a new trial, nor will such errors be considered upon appeal.
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Appeal from Butler Circuit Court. — How. John P. Foard, Judge. The law requires circuit, courts to specify the grounds upon which a new trial is granted and where the court fails to so specify, it is presumed to have granted the new trial for one or more of the grounds set forth in the motion, but errors not complained of in the motion for a new trial, cannot be made the basis of an order granting a new trial, nor will such errors be considered upon appeal. Roman v. Boston Trading Co., 87 Mo. App. 186; Ortt v. Leonhardt, 68 S. W. 577; State ex rel. Rucker v. Rucker, 59 Mo. 17; Gorman v. Aust,…
1Opinion of the Court
STURGIS, J:
This is an action brought by the unsuccessful defendant in an ejectment suit to recover for improvements placed on the land in good faith by him prior to his knowledge of the adverse title, as provided for by sections 2401 and 2402, R. S. 1909'. It is the same suit, one phase of which was drawn in question in the case of State ex rel. v. Foard, 251 Mo. 51, 157 S. W. 619, wherein the Supreme Court held that on the bringing of such suit for improvements the trial court could issue a restraining order or injunction preventing the taking of possession pending such proceedings without…
Also in this document: Concurrence.
2Cases cited20 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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3Cited by3 opinions
- Drake v. HicksSupreme Court of Missouri · 1953
- Daffron v. Modern Woodmen of AmericaMissouri Court of Appeals · 1915
- Laclede Land & Improvement Co. v. EprightSupreme Court of Missouri · 1915