Hunt v. Ancient Order of Pyramids
Missouri Court of Appeals
APPELLATE AND TRIAL PRACTICE: Weighing Evidence: Court’s Discretion. When there is substantial evidence to sustain a verdict the appellate court will not weigh it; that is the duty of the jury and the trial court. The trial court has a wide range of discretion, which will not be supervised except in eases of clear abuse. (Cases considered.) Appeal from Vernon Circuit Court. — How. II. G. Timmonds, Judge.
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APPELLATE AND TRIAL PRACTICE: Weighing Evidence: Court’s Discretion. When there is substantial evidence to sustain a verdict the appellate court will not weigh it; that is the duty of the jury and the trial court. The trial court has a wide range of discretion, which will not be supervised except in eases of clear abuse. (Cases considered.) Appeal from Vernon Circuit Court. — How. II. G. Timmonds, Judge. (1) When unsupported by the evidence, or especially when against the evidence, or when an injustice has been done, it is the duty of the trial court to set aside the verdict and grant a new…
1Opinion of the CourtEllison, J.
The plaintiff is the widow of W. T. Hunt, deceased, who had issued to him by defendant a benefit certificate of life insurance payable to her for $1000. On Hunt’s death defendant refused payment, whereupon she brought this action and prevailed in the trial court.
The sole ground for the appeal is the refusal of the trial court to sustain the motion for new trial, and the sole reason urged by defendant why it should have been sustained is that there.was not sufficient evidence upon which to base the verdict. The certificate provided that if Hunt committed suicide no recovery could be had…
2Cases cited7 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Crossan v. CrossanSupreme Court of Missouri · 1902
- W. T. Hull & Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- State v. JacobsSupreme Court of Missouri · 1899
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3Cited by5 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Reynolds v. Maryland Casualty Co.Supreme Court of Missouri · 1918
- State v. SullivanMissouri Court of Appeals · 1904
- Bradford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Stevens v. ConnorsArizona Supreme Court · 1926