Brinton v. Thomas
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Eon. William E. Martin, Judge. (1) The motion for a new trial should have been overruled. Motions for new trials must be filed within four days after the verdict if the term shall so long continue; and if not, then before the end of the term. This is mandatory. E. S. 1899, sec. 803; State v. Brown, 206 Mo. 501; In re Estate Pound, 91 Mo.
Read the full summary
Appeal from Moniteau Circuit Court. — Eon. William E. Martin, Judge. (1) The motion for a new trial should have been overruled. Motions for new trials must be filed within four days after the verdict if the term shall so long continue; and if not, then before the end of the term. This is mandatory. E. S. 1899, sec. 803; State v. Brown, 206 Mo. 501; In re Estate Pound, 91 Mo. App. 424. (2) Respondents had no right to amend their motion for a new trial after the expiration of four days following the verdict. Scott & Colbert v. Joffee, 125 M'o. App. 576; Bank v. Porter, 148 Mo. 176; Mirrilees v.…
1Opinion of the CourtJohnson, J.
— Plaintiff Nettie Brinton and appellant Jessie Winter Brown were the daughters of Judge Thomas H. Parrish and Susan A. Parrish. At the time of his death which occurred in 1897, Judge Parrish was judge of the circuit court of Buchanan county. His widow and his said daughters were his sole survivors. He left personal property, including life insurance, of the value of about six thousand dollars and a homestead in St. Joseph, all of which he devised by his will to his widow. Mrs. Parrish died intestate at Tipton, Moniteau county, November 19, 1907, leaving her said daughters her sole heirs. Her…
2Cases cited9 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Lillard v. WilsonSupreme Court of Missouri · 1903
- McCarty v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Mount Vernon Bank v. PorterSupreme Court of Missouri · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fussellman v. Wabash RailroadMissouri Court of Appeals · 1909
- Williams v. Kansas City Southern RailroadMissouri Court of Appeals · 1911
- Gray v. NationsMissouri Court of Appeals · 1929
- Burt v. GabbertMissouri Court of Appeals · 1913
- Lambert v. HodgdonMissouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.