Sharp v. Odom
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now, Hugh Dabbs, Judge. (1) When a court does not grant a new trial for any of the reasons stated in the motion, it in effect overrules the motion. The record in this case does not disclose that the court assigned any reasons outside of those, stated in the motion. Yastine v. Rex, 93 Mo.
Read the full summary
Appeal from Jasper Circuit Court. — Now, Hugh Dabbs, Judge. (1) When a court does not grant a new trial for any of the reasons stated in the motion, it in effect overrules the motion. The record in this case does not disclose that the court assigned any reasons outside of those, stated in the motion. Yastine v. Rex, 93 Mo. App. 93. (2) The power conferred on trial courts to award new trials was not designed to be a mere formal authority, but was intended to guard against the mistakes, passions, prejudices, and ignorance of the jurors. The reviewing of the whole record in this case shows that…
1Opinion of the CourtJohnson, J.
Plaintiff sued in replevin in a justice’s court to recover possession of a milch cow. The case was appealed to the circuit court where it was tried *567before a. jury, resulting in a verdict for plaintiff. Defendant in due time filed a motion for a new trial in which a number of grounds was specified, among them the ground that the verdict was against the weight of the evidence. The court sustained the motion without assigning any reason for its action and plaintiff appealed.
Section 801, Revised Statutes 1899, requires the trial court to state in the order allowing a new trial the ground or…
2Cases cited6 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cunningham v. AtterburyMissouri Court of Appeals · 1912
- Fair v. PrestonMissouri Court of Appeals · 1911
- Jiner v. JinerMissouri Court of Appeals · 1914
- Fifty-Third National Bank v. McCroryMissouri Court of Appeals · 1912
- McKinley v. Lawrence County Water Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.