Darnell v. Lafferty
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. Judgment in the .trial court iu favor of the defendant. and a motion for a new trial filed by the plaintiff was sustained. The appeal is from the order granting •a new trial. (1) The court committed error when it sustained plaintiffs’ motion for a new trial, for the reason that the petition or statement filed by plaintiffs in the justice •court stated no cause of action, under the. statute of frauds.
Read the full summary
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. Judgment in the .trial court iu favor of the defendant. and a motion for a new trial filed by the plaintiff was sustained. The appeal is from the order granting •a new trial. (1) The court committed error when it sustained plaintiffs’ motion for a new trial, for the reason that the petition or statement filed by plaintiffs in the justice •court stated no cause of action, under the. statute of frauds. Weil v. Willard, 55 Mo. App. 376; Euclcer v. Harrington, 52 Mo. App. 481; Carrick v. M'incke, 60 Mo. App. 140; Hill v. Coal & Mining…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The action of the circuit court in overruling the motion to affirm judgment of the justice for want of notice of ap*288peal and the action of the court in overruling the motion to correct the record in the court below, are not reviewable here on appellant’s appeal, both of those motions having been determined in appellant’s favor, and the respondents not appealing therefrom, the action of the trial court is not reviewable here at this time. It is unnecessary to cite authorities on this proposition.
Section 3852 of the Revised Statutes of 1899 provides that “no formal…
2Cases cited50 opinions
- Reed v. Insurance Co.Supreme Court of the United States · 1877
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
- Kelly v. ThueySupreme Court of Missouri · 1898
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Ellis v. HarrisonSupreme Court of Missouri · 1891
45 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Schroer v. BrooksMissouri Court of Appeals · 1920
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Simons v. WittmannMissouri Court of Appeals · 1905
- McDaniel v. United Railways Co.Missouri Court of Appeals · 1912
10 more not listed; retrieve them via the Exa API.