Weller v. Wagner
Supreme Court of Missouri
Appeal from Holt Circuit Court.— Ron. Gallatin Craig, Judge. (1) The court erred in overruling defendant’s motion for a new trial. There was not sufficient evidence to justify a verdict. When the evidence of the plaintiff does not entitle him to a verdict, or when the evidence greatly preponderates against the verdict, a new trial will be ordered by this court.
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Appeal from Holt Circuit Court.— Ron. Gallatin Craig, Judge. (1) The court erred in overruling defendant’s motion for a new trial. There was not sufficient evidence to justify a verdict. When the evidence of the plaintiff does not entitle him to a verdict, or when the evidence greatly preponderates against the verdict, a new trial will be ordered by this court. Schmidt v. Railroad, 149 Mo. 269,152 Mo. 257; Powell v. Railroad, 76 Mo. 80; Lenox v. Railroad, 76 Mo. 86; Spohn v. Railroad, 87 Mo. 74; Avery v. Fitzgerald, 94 Mo. 207. (2) This is a controversy over a division line between adjoining…
1Opinion of the CourtBurgess, J.
This is an action of ejectment to recover possession of a narrow strip of land, six inches wide at one end and twenty feet wide at the other end, and one hundred and sixty rods long.
The case was tried hy the court and jury, the trial resulting in a verdict and judgment for plaintiff for the possession of the land.
Defendant appeals and assigns error. The facts are about as follows:
Plaintiff Weller and defendant Wagner are adjoining landowners. Weller owns the south half and Wagner the north half of the northeast quarter of section 4, township 62, range 37, in Holt county, Missouri. Wagner also…
2Cases cited6 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Yelverton v. SteeleMichigan Supreme Court · 1879
- Sparrow v. HoveyMichigan Supreme Court · 1880
- Bray v. KrempSupreme Court of Missouri · 1893
- State v. RichardsonSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Gates v. RobertsSupreme Court of Missouri · 1961
- De Forrest v. BunnieNew York Supreme Court · 1951
- Milem v. FreemanMissouri Court of Appeals · 1909
- Brecker v. FillinghamSupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.