Legal Opinion

Taylor v. Scherpe & Koken Architectural Co.

Missouri Court of Appeals

Decided December 8, 1891PublishedCited by 10 opinions

Appeal from the tit. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) Under tbe enactment of 1891, appellants bave an undoubted right to appeal from the judgment of the trial court in this case, sustaining respondent’s motion for a new trial, and this court is now invested with the jurisdiction to determine the propriety of the action of the circuit court in granting to respondent a new trial in this case.

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Appeal from the tit. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) Under tbe enactment of 1891, appellants bave an undoubted right to appeal from the judgment of the trial court in this case, sustaining respondent’s motion for a new trial, and this court is now invested with the jurisdiction to determine the propriety of the action of the circuit court in granting to respondent a new trial in this case. Laws of Mo. 1891, p. 70. (2) In undertaking to set aside the verdict in this cause for the reasons assigned in its memorandum, the trial court invaded the province of the…

1Opinion of the CourtBiggs, J.

The plaintiff, Mary Taylor, the wife of her coplaintiff, Joseph Taylor, sued the defendant in this action for personal injuries received by her through the alleged negligence of one of the defendant’s servants. On a trial before a jury she recovered a verdict for $2,500, which the court on the defendant’s motion set aside. From the judgment or order of the court sustaining the defendant’s motion for a new trial, the plaintiff has prosecuted this appeal, and has assigned this action of the court for error.

So far as we are advised, this is the first case to reach an appellate court under the…

2Cases cited1 opinion

  1. Whitsett v. RansomSupreme Court of Missouri · 1883

3Cited by10 opinions

  1. Hays v. HoganSupreme Court of Missouri · 1917
  2. Hewitt v. SteeleSupreme Court of Missouri · 1893
  3. Martin v. ParkinsNorth Dakota Supreme Court · 1927
  4. Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
  5. Lovell v. DavisMissouri Court of Appeals · 1893

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