Mayor of Liberty v. Burns
Supreme Court of Missouri
Appeal from Clay Circuit Court.—Hon. J. M. Sandusky, Judge. (1) The circuit court erred and improperly and unsoundly exercised its discretion in overruling appellant’s motion to reopen the case and permit Thomas B. Rogers to testify. 1 Thompson on New Trials, sec. 348; Walker v. Walker, 14 Ha. 250; Hilliard on New Trials, sec. 62, p. 331; Worthington v. Hiss, 70 Md. 172; 19 Md. L. J. 919; 16 Atl. Rep. 534; 17 Atl. Rep. 1026; West v. Cameron, 39 Kan. 736; 18 Pac.
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Appeal from Clay Circuit Court.—Hon. J. M. Sandusky, Judge. (1) The circuit court erred and improperly and unsoundly exercised its discretion in overruling appellant’s motion to reopen the case and permit Thomas B. Rogers to testify. 1 Thompson on New Trials, sec. 348; Walker v. Walker, 14 Ha. 250; Hilliard on New Trials, sec. 62, p. 331; Worthington v. Hiss, 70 Md. 172; 19 Md. L. J. 919; 16 Atl. Rep. 534; 17 Atl. Rep. 1026; West v. Cameron, 39 Kan. 736; 18 Pac. Rep. 894. (2) The court erred in overruling appellant’s motion for a new trial on the ground of surprise occasioned by the testimony…
1Opinion of the CourtMaofablane, J.
Plaintiffs sued in ejectment to recover possession of a strip of land two feet wide and about sixty-nine feet in length, lying adjacent to and *428along the east end of lot 8, in block 6, Allen & Burns’ addition to the town of Liberty, which plaintiffs claim is a part of Lightburn street. Defendant claims that he was only in possession of lot 8 and occupied no part of the street. The controversy was over the true line between the east end of said lot and the west side of said street. The case was tried to the court without a 'jury and the finding was for the plaintiffs for the land claimed and…
2Cases cited10 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. RaySupreme Court of Missouri · 1873
- Climer v. WallaceSupreme Court of Missouri · 1859
- State v. ButlerSupreme Court of Missouri · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Vickers v. Philip Carey Co.Supreme Court of Oklahoma · 1915
- Hecker v. BleishSupreme Court of Missouri · 1928
- Loveless v. Locke Distributing CompanySupreme Court of Missouri · 1958
20 more not listed; retrieve them via the Exa API.