McGrew v. Byrd
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Action at law by Abraham R. Byrd against Elias Vincent McGrew. Judgment for plaintiff was reversed on error. 255 Fed. 759, - C. C. A.-. .On petition for rehearing.
1Opinion of the Court
TRIEBER, District Judge.
In an opinion filed January 15, 1919, the judgment of the District Court was reversed on a number of grounds, and the cause remanded, with directions to grant a new trial.
One of the grounds upon which the cause was reversed was that the couft erred in granting a peremptory instruction to the jury to return a verdict for the plaintiff, although there was substantial evidence that at the time the deed to William Pruett, under whom the defendant in error claimed title, was executed by Dunklin county, Mo., he was dead, and we held that—
“As there was substantial evidence to…
2Cases cited10 opinions
- Johnson v. ChristianSupreme Court of the United States · 1888
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Langdon v. SherwoodSupreme Court of the United States · 1888
- Schoolfield v. RhodesCourt of Appeals for the Eighth Circuit · 1897
- Mosher v. BaconSupreme Court of Missouri · 1910
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3Cited by2 opinions
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
- Terry v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1933