McKay & Hood v. Underwood
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. It was not within the jurisdiction of the Circuit Court to reverse the judgment ■ of the Circuit Court at Special Term because, in the opinion of the judges of the Circuit Court at General Term, the verdict was against the weight of evidence.
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Appeal from St. Louis Circuit Court. It was not within the jurisdiction of the Circuit Court to reverse the judgment ■ of the Circuit Court at Special Term because, in the opinion of the judges of the Circuit Court at General Term, the verdict was against the weight of evidence. (Tilford v. Ramsey, 43 Mo. 421 ;• see also Strouser v. Drennan, 41 Mo. 296 ; Eaugman v. Hersey, 43 Mo. 123; Easley v. Elliott, 43 Mo. 289; Gillespie v. Stone, 43 Mo. 351.) The question is raised that the Circuit Court has no right or authority, sitting in General Term, to review the evidence elicited at the trial in…
1Opinion of the CourtWagner, Judge
The examination of the record has convinced us that the only question necessary to be noticed is the action of the Circuit Court at General Term in reversing the judgment at Special Term because the verdict was against the weight of evidence.
It is unnecessary to here repeat the doctrine that is found throughout the whole range of our adjudications, that an appellate tribunal will not reverse simply because the verdict is against the weight of evidence, but that to justify such an interference there must be a total and complete failure of testimony tending to support the issue. The point,…
2Cases cited1 opinion
- Tilford v. RamseySupreme Court of Missouri · 1869
3Cited by10 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
- Devine v. City of St. LouisSupreme Court of Missouri · 1914
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