State ex rel. Ferry v. McGowan
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P, Stratton, Judge. (1) The granting of new trials is no longer discretionary with circuit courts. Their action is subject to review by appellate courts. Session Acts, Mo. 1891, p. 70; Lovell v. Davis, 52 Mo. App. 342; Morris v. Morris, decided by St. Louis court of appeals December 18, 1894. (2) The verdict and judgment were entered in this case May 18, 1894. The motion for new trial was filed June 13. It was too late.
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Appeal from the Vernon Circuit Court. — Hon. D. P, Stratton, Judge. (1) The granting of new trials is no longer discretionary with circuit courts. Their action is subject to review by appellate courts. Session Acts, Mo. 1891, p. 70; Lovell v. Davis, 52 Mo. App. 342; Morris v. Morris, decided by St. Louis court of appeals December 18, 1894. (2) The verdict and judgment were entered in this case May 18, 1894. The motion for new trial was filed June 13. It was too late. Shewalter v. Me Crew, 60 Mo. App. 288. Appellant’s point that the motion for a new trial was filed too late is not supported by…
1Opinion of the CourtSmith, P. J.
This is an action on a curator’s bond. On May 18, 1894, there was a trial, resulting in a verdict for the relators. On the next day, May 19, the court adjourned until June 12. Subsequently, on June 13, the defendants filed motion for a new trial. The motion was continued until the November term, 1894, when the same was sustained. The relators appeal from that order. The relators contend that upon the above showing the defendants have failed to preserve any exceptions in the case for our review, because it appears by the uncontroverted recitals of the record proper, that no motion for a new…
2Cases cited8 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880
- National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870
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- Allen v. BrownSupreme Court of Missouri · 1838
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3Cited by2 opinions
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- Wilhite v. FerryMissouri Court of Appeals · 1896