Brummell v. Harris
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. P. G. Si&p (1) The. court should have set aside the verdict and granted the defendants a new trial for the reason that the verdict was contrary to the evidence and the unquestionable weight •of it, and was rendered in absolute disregard of the instructions of the court, and manifestly “the result obtained by the verdict must thereupon be ascribed to prejudice, passion or partiality and not to that calm weighing of the facts in…
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Appeal from Grundy Circuit Court. — Hon. P. G. Si&p (1) The. court should have set aside the verdict and granted the defendants a new trial for the reason that the verdict was contrary to the evidence and the unquestionable weight •of it, and was rendered in absolute disregard of the instructions of the court, and manifestly “the result obtained by the verdict must thereupon be ascribed to prejudice, passion or partiality and not to that calm weighing of the facts in evidence which should always characterize the deliberations of the jury.” State v. Primm, 68 Mo. 312; Reichenbach v. Ellerbe,…
1Opinion of the CourtMarshall, J.
This is the second appeal of this- case to this court. The decision on the former appeal is reported in 148 Mo. 430, and the former judgment in plaintiff’s favor was then reversed because of errors in the instructions given for the plaintiff, and for vagueness in the judgment in regard to the land ordered restored by the judgment. Upon a trial anew in the circuit court the plaintiff again obtained judgment, and defendants have appealed a second time.
The action is in ejectment for a strip of land alleged in the petition to be twenty feet wide and lying in the north half of the northwest…
2Cases cited19 opinions
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- May v. CrawfordSupreme Court of Missouri · 1899
- Turner v. BakerSupreme Court of Missouri · 1876
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3Cited by1 opinion
- Huber Manufacturing Co. v. HunterMissouri Court of Appeals · 1903