Sheehan v. Southern Insurance
Missouri Court of Appeals
Appeal from the Carroll Cirmit Court. — Hon. E. J. Bboadus, Judge. (1) Granting new trials is no longer a matter of judicial discretion with, trial courts. Such action is now subject to review on appeal, in determining which the ■appellate courts will employ the usual rules of appellate procedure. Revised Statutes, 1889, sec. 2246; Amended Acts of 1891, 70; Burke v. City of Kansas, 34 Mo. App. 570; Taylor v. Architect Co., 47 Mo. App. 258..
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Appeal from the Carroll Cirmit Court. — Hon. E. J. Bboadus, Judge. (1) Granting new trials is no longer a matter of judicial discretion with, trial courts. Such action is now subject to review on appeal, in determining which the ■appellate courts will employ the usual rules of appellate procedure. Revised Statutes, 1889, sec. 2246; Amended Acts of 1891, 70; Burke v. City of Kansas, 34 Mo. App. 570; Taylor v. Architect Co., 47 Mo. App. 258.. (2) The copies of the proofs of loss were secondary evidence, and, hence, were incompetent and inadmissible, in the absence of any effort to produce the…
1Opinion of the CourtEllison, J.
— This action is based on a petition containing two counts, each declaring on an insurance policy issued by defendant. A trial resulted in favor of defendant. Afterwards the plaintiff filed a motion for new trial, which being sustained, defendant excepted to such action of the court, and has brought the case here under section 2246, Revised Statutes, 1889, as amended in Session Acts of 1891, page 70. This amendment permits an appeal from the order granting a new trial, without having to wait, as formerly, for final judgment. The amendment took effect in July, 1891. The trial of this case…
2Cases cited4 opinions
- Lewin v. DilleSupreme Court of Missouri · 1852
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1887
- Carr v. CarrSupreme Court of Missouri · 1865
- Farmers' & Merchants' Bank of Memphis v. Lonergan's Adm'xSupreme Court of Missouri · 1855
3Cited by3 opinions
- Coffman v. Niagara Fire InsuranceMissouri Court of Appeals · 1894
- Ormiston v. TrumboMissouri Court of Appeals · 1898
- Linn v. New York Life InsuranceMissouri Court of Appeals · 1899