Burkholder v. Henderson
Missouri Court of Appeals
• Appeal from the Pike Circuit Court. — Hon. Beuben Ft Boy, Judge. “Although the evidence be but slight, and the weight of the evidence is apparently against the verdict, this court is not authorized to interfere. It was for the trial court to say whether the verdict is the result of passion or prejudice or whether it is fairly supported by the evidence.
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• Appeal from the Pike Circuit Court. — Hon. Beuben Ft Boy, Judge. “Although the evidence be but slight, and the weight of the evidence is apparently against the verdict, this court is not authorized to interfere. It was for the trial court to say whether the verdict is the result of passion or prejudice or whether it is fairly supported by the evidence. At any rate they (the jury) had all the facts and circumstances before them and we will not examine the facts with a microscope in order to overturn the verdict.” Parsons v. May-field, 73 Mo. App. 399. This case-was here on a former appeal.…
1Opinion of the CourtBland, P. J.
Plaintiffs are husband and wife. Tbe second count of their petition (tbe one to which tbe evidence was chiefly directed and on which tbe jury were instructed and found a verdict), for cause of action avers in substance .a sale and conveyance of a farm in Pike county by plaintiffs to tbe defendant for an agreed consideration of $4,000, tbe payment of $3,000 by defendant, and prays judgment for tbe balance of $1,000 witb legal interest. Tbe answer was a gen*291eral denial. The trial resulted in a verdict and judgment f or plaintiffs, from which, defendant duly appealed.
The cause was here on a…
2Cases cited22 opinions
- Insurance Co. v. WeideSupreme Court of the United States · 1871
- Welch v. SackettWisconsin Supreme Court · 1860
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Allen v. LoganSupreme Court of Missouri · 1888
- Bobb v. BobbSupreme Court of Missouri · 1886
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