Dodd v. Guiseffi
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. Where there is no conflict in the evidence submitted to the jury, and the verdict is against all the evidence introduced, there being no evidence at all to support it, the jury will be presumed to have misunderstood or willfully disregarded the instructions of the court and to have been guilty of misapprehension or perversion of the law or will he presumed to have been influenced by prejudice, corruption…
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. Where there is no conflict in the evidence submitted to the jury, and the verdict is against all the evidence introduced, there being no evidence at all to support it, the jury will be presumed to have misunderstood or willfully disregarded the instructions of the court and to have been guilty of misapprehension or perversion of the law or will he presumed to have been influenced by prejudice, corruption or to have been guilty of such gross ignorance as to amount to misbehavior on its part and a new trial should be awarded…
1Opinion of the CourtReyburn, J.
An attachment suit was brought in the circuit court of the city of St. Louis by appellants against respondent, assigning among other statutory grounds for attachment that the defendant had fraudulently concealed, removed or disposed of his property or effects, so as to hinder or delay his creditors. A trial was had on defendant’s plea in abatement, and the jury returned a verdict in his favor which, upon plaintiffs’ *313motion for new trial, was set aside by the court, and the case again proceeded to trial on the plea in abatement with the same result, nine jurors concurring in the last verdict.
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2Cases cited5 opinions
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- City of St. Joseph ex rel. Gibson v. FarrellSupreme Court of Missouri · 1891
- State v. LordSupreme Court of Missouri · 1893
- State ex rel. Board of Education v. County CourtSupreme Court of Missouri · 1889
- Dulaney v. St. Louis Sugar Refining Co.Missouri Court of Appeals · 1890
3Cited by5 opinions
- Hill v. DillonMissouri Court of Appeals · 1913
- Pierce Loan Co. v. KillianMissouri Court of Appeals · 1910
- Fife v. Chicago & Alton RailroadMissouri Court of Appeals · 1913
- Waldopfel v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914