Byrd v. Vanderburgh
Missouri Court of Appeals
Appeal from Ste. Genevieve Circuit Court. — Son. Peter Suck, Judge. A new trial should have been granted interpleader herein by the court on the ground that perjury or mistake had been committed by witnesses of plaintiff in regard to when the hoops were marked. The affidavits filed with the motion for new trial show conclusively that their testimony was in error in this important respect.
Read the full summary
Appeal from Ste. Genevieve Circuit Court. — Son. Peter Suck, Judge. A new trial should have been granted interpleader herein by the court on the ground that perjury or mistake had been committed by witnesses of plaintiff in regard to when the hoops were marked. The affidavits filed with the motion for new trial show conclusively that their testimony was in error in this important respect. Interpleader was over 120 miles away from home and from where the witness who made affidavits live. It was an abuse of judicial discretion not to allow it. Sec. 2022, R. S. 1909; Ridge v. Johnson, 129 Mo.…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — As the appellant, interpleader, does not claim that there is any error on the face of the record proper, we may only consider what has been finally passed upon by the circuit court on the motion for a new trial.
*118The first ground stated in said motion is, that “the verdict and judgment are for the wrong party.” This, and that embodied in the third ground, viz.: that the verdict and judgment are contrary to the evidence, are merely the statement in another form of the second ground, which is, that “the verdict and the judgment are contrary to the greater weight of…
2Cases cited7 opinions
- Bragg v. City of MoberlyMissouri Court of Appeals · 1885
- State v. ScottSupreme Court of Missouri · 1908
- Thiele v. Citizens' Railway Co.Supreme Court of Missouri · 1897
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Stewart ex rel. Stewart v. ToddMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Donati v. GualdoniSupreme Court of Missouri · 1948
- Nordquist v. NordquistSupreme Court of Missouri · 1929
- Raifeisen v. YoungMissouri Court of Appeals · 1914