Parker v. Britton
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) On appeal from an order granting a new trial a reversal can be bad only where the order has wrought manifest injustice, or shown an unjudicial bias. Taylor v. Architectural Co., 47 Mo. App. 257. (2) “The rule is that the granting of a new trial rests peculiarly within the discretion of the trial court.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) On appeal from an order granting a new trial a reversal can be bad only where the order has wrought manifest injustice, or shown an unjudicial bias. Taylor v. Architectural Co., 47 Mo. App. 257. (2) “The rule is that the granting of a new trial rests peculiarly within the discretion of the trial court. (Bank v. Armstrong, 92 Mo. 265 ; McCullough v. Insurance Co., 113 Mo. 606), and in order to a reversal of its ruling in sustaining the motion in this case it devolves upon the defendants to show that they have been…
1Opinion of the CourtGoode, J.
This appeal was taken from an order of the circuit court granting a new trial to respondents. The action was instituted by attachment and the attachment was sustained on the ground of appellant’s non-residence in this State, he -being a citizen of the State of Louisiana. On August 10, 1906, he and respondents, who are also citizens of Louisiana and real estate agents, entered into a contract by which he entrusted to them the sale of the merchantable timber, cypress, cottonwood and ash, on about five thousand acres of land in that State for the price of $40,000, net to appellant, respondents…
2Cases cited23 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
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3Cited by11 opinions
- Hamm v. HammMissouri Court of Appeals · 1969
- Taylor v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1933
- State Ex Rel. Cavanaugh v. NelsonCourt of Appeals of Texas · 1914
- Curtis v. CurtisMissouri Court of Appeals · 1973
- In the Interest of R-, S- & TMissouri Court of Appeals · 1962
6 more not listed; retrieve them via the Exa API.