Shaughnessy v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The trial court has the inherent power to grant a new trial for errors committed by it, although not saved in the motion. But where the error is not of the court’s commission, it must be pointed out in the motion for new trial; otherwise the court exceeds its authority. Canclee v. R’y, 130 Mo. 154; ■ Taylor v. Archiirl. Go., 47 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The trial court has the inherent power to grant a new trial for errors committed by it, although not saved in the motion. But where the error is not of the court’s commission, it must be pointed out in the motion for new trial; otherwise the court exceeds its authority. Canclee v. R’y, 130 Mo. 154; ■ Taylor v. Archiirl. Go., 47 Mo. App. 257. This court will confine its review of the action of the trial court to the reason assigned in the order granting motion for new trial. Millar v. Madison C. Co., 130 Mo. 517;…
1Opinion of the CourtBiggs, J.
The plaintiff is a wholesale liquor dealer in the city of St. Louis. This action is to recover the value of two shipments of whisky which the defendant admitted that it received from plaintiff for transportation to Arkansas City in the state of Kansas. The goods were consigned to plaintiff himself. His claim is that the defendant failed to deliver the goods to him, while that of the defendant is that they were delivered to one W. E. Doan, who at that time was the plaintiff’s agent at Arkansas City. It was not disputed.that Doan received the whisky. The sole controversy was whether he was…
2Cases cited1 opinion
- First National Bank v. WoodSupreme Court of Missouri · 1894
3Cited by2 opinions
- Kuenzel v. NicolsonMissouri Court of Appeals · 1898
- Kuenzel v. NicolsonMissouri Court of Appeals · 1898