Spaulding v. City of Edina
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. (1) The rule is well settled, that a motion for a new trial, on the ground of newly discovered evidence, must be supported by the affidavit of the party moving for a new trial,or some excuse given for its absence. (2) In this case the defendant is a corporation, but the mayor .is the chief officer and legally represents the defendant. Service of summons must be had on the mayor because he is the chief officer.
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Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. (1) The rule is well settled, that a motion for a new trial, on the ground of newly discovered evidence, must be supported by the affidavit of the party moving for a new trial,or some excuse given for its absence. (2) In this case the defendant is a corporation, but the mayor .is the chief officer and legally represents the defendant. Service of summons must be had on the mayor because he is the chief officer. We think the affidavit is fatally defective because not made by the mayor or at least some excuse given for its absence. Tbe…
1Opinion of the CourtBland, P. J.
The suit is to recover damages alleged in the petition to have resulted from a fall by plaintiff, caused by a defective sidewalk negligently maintained on the side of one of its streets by the defendant city. The answer was a general denial and a plea of contributory negligence. The verdict was for the plaintiff which, on motion of defendant, the court set aside and awarded a new trial, assigning as reasons for its action, first, “on account of newly discovered evidence since the trial,” and second, “on the further ground that the verdict is against the greater weight of the evidence in the…
2Cases cited13 opinions
- State v. YoungSupreme Court of Missouri · 1894
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Kuenzel v. StevensSupreme Court of Missouri · 1900
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3Cited by1 opinion
- Spaulding v. City of EdinaMissouri Court of Appeals · 1906