Berryhill v. Supreme Tribe of Ben Hur
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The statute requiring the trial court to specify in its order the ground on which a new trial is granted in a law case is a substantial right of the losing party, and that right ought to be accorded. Odelheide v. Land Co., 208 Mo. 239. (2) The discretion of the trial court in granting one new trial does not mean that the order of the court will not be reviewed on appeal.
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Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The statute requiring the trial court to specify in its order the ground on which a new trial is granted in a law case is a substantial right of the losing party, and that right ought to be accorded. Odelheide v. Land Co., 208 Mo. 239. (2) The discretion of the trial court in granting one new trial does not mean that the order of the court will not be reviewed on appeal. Even when the new trial is granted on alleged finding of facts, whether by the jury or the court sitting as a jury, if the evidence is such that in no view…
1Opinion of the CourtEllison, J.
This action is based on a benefit certificate of insurance on the life of plaintiff’s wife and payable to him at her death. The verdict of the jury in the trial court was for the defendant. Plaintiff’s-motion for a new trial was sustained and thereupon defendant appealed from that order.
The certificate was taken out by Mrs. Berryhill in October, 1908, and she died in about three months thereafter, January 19', 1909. The condition of payment of the certificate was that she should be a member of the association, in good standing, at the time of her death; and the question at the trial was…
2Cases cited4 opinions
- Gould v. St. JohnSupreme Court of Missouri · 1907
- Karnes v. WinnMissouri Court of Appeals · 1907
- Canterbury v. Kansas CityMissouri Court of Appeals · 1908
- Ridge v. JohnsonMissouri Court of Appeals · 1908
3Cited by1 opinion
- Fair v. PrestonMissouri Court of Appeals · 1911