McShane v. Sanderson
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — G-eorge Robertson, Esq., Special Judge. (1) The court should have considered the question as to whether the verdict of the jury was against the weight of evidence in passing on plaintiff’s motion for a new trial. The record entry made by Judge Hughes, after Mr. Robertson had been selected and qualified as special judge, should not have prevented the consideration of that question.
Read the full summary
Appeal from Audrain Circuit Court. — G-eorge Robertson, Esq., Special Judge. (1) The court should have considered the question as to whether the verdict of the jury was against the weight of evidence in passing on plaintiff’s motion for a new trial. The record entry made by Judge Hughes, after Mr. Robertson had been selected and qualified as special judge, should not have prevented the consideration of that question. A special judge having been selected, Judge Hughes had no more authority to make any order in this case than if his official term had expired. Dawson v. Dawson, 29 Mo. App. 521.…
1Opinion of the CourtBlack, J.
The plaintiff had two demands allowed against the estate of George H. Hogue by the probate court of Pike county, one a note for $1,300 and interest, and the other an account for $3,006.90. The administrator appealed to the circuit court of that county, and after two mistrials the venue of the cause was changed to Audrain county. Proceedings were had in the circuit court of that county at the following terms and in the following order: October term, 1887. The cause was tried before Judge Hughes and a jury, which resulted in a verdict for the plaintiff on the note, and a verdict for the…
2Cases cited2 opinions
- State ex rel. Albers v. HornerSupreme Court of Missouri · 1885
- State v. AndersonSupreme Court of Missouri · 1885
3Cited by9 opinions
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Wright v. SwayneTexas Supreme Court · 1911
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Langston v. Southern Electric RailroadSupreme Court of Missouri · 1898
- O'Neil v. C. Young & Sons' Seed & Plant Co.Missouri Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.