Higgins v. Higgins
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. The second assignment of the trial court in the order granting a new trial, to-wit: “The verdict is against the weight of the evidence,” is erroneous.
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Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. The second assignment of the trial court in the order granting a new trial, to-wit: “The verdict is against the weight of the evidence,” is erroneous. Because no such grounds were embodied in the motion for a new trial; indeed such a contention would have been inconsistent with the defendants’ other contention, that there was not sufficient evidence to take the case to the jury, and that the court should give the peremptory instruction, which he says he should have given in his third grounds for sustaining the motion for a new…
1Opinion of the Court
BOND, Cl
This is an action by six of the children of John M. Higgins, deceased, against three of his children, his widow, and executors, to set aside his will on the grounds of want of testamentary capacity and for undue influence. The case was begun in Mercer county; a change of venue awarded to plaintiffs to Clinton county, where it was tried, and the jury returned a verdict against the will.
John M. Higgins died April 20, 1907. He was survived by a second wife and by nine children — five men and four women — who were born of a former marriage entered into about thirty-eight years before the…
2Cases cited7 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Hayes v. HayesSupreme Court of Missouri · 1912
- Herndon v. LewisSupreme Court of Missouri · 1903
- Karnes v. WinnMissouri Court of Appeals · 1907
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Coffer v. ParisMissouri Court of Appeals · 1977
- Kunkle Water & Electric, Inc. v. Nehai Tonkayea Lake Ass'nMissouri Court of Appeals · 1982