Campbell v. Hayden
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) When a trial court sustains a motion for new trial generally and gives no specific reason for its action, the appellate court is driven to take into consideration all the grounds assigned in the motion, and if any one of them is sufficient to justify the action of the court, to affirm the judgment. Pink v. McCue, 123 Mo.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) When a trial court sustains a motion for new trial generally and gives no specific reason for its action, the appellate court is driven to take into consideration all the grounds assigned in the motion, and if any one of them is sufficient to justify the action of the court, to affirm the judgment. Pink v. McCue, 123 Mo. App. 313; Roll v. Bank, 167 Mo. 406; Ordelheide v. Land Co., 208 Mo. 239; Stoner v. Royar, 200 Mo. 444; Pierce v. Lee, 197 Mo. 480; Lead & Zinc Co. v. Webster, 193 Mo. 351. (2) It is suggested that it might be…
1Opinion of the CourtReynolds, P. J.
This is an action instituted by the administrator of one Absalom T. Hays against the defendants to recover $7114.19 and interest, alleged by plaintiff to be of the estate of his intestate. Tbe answer of defendants, admitting that they had received from Absalom T. Hays, in his lifetime,, the principal sum above specified, claimed that under and by virtue of a contract between them and the decedent. by which they were to care for, support and maintain him as long as he should live, he was to turn over to them all of his property and estate, and that in compliance with that agreement he had…
2Cases cited5 opinions
- Williamson v. BrownSupreme Court of Missouri · 1906
- Patton v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1885
- Warlick v. PetersonSupreme Court of Missouri · 1874
- Ordelheide v. Berger Land Co.Supreme Court of Missouri · 1907
- Pierce v. LeeSupreme Court of Missouri · 1906
3Cited by1 opinion
- Campbell v. HaydenMissouri Court of Appeals · 1914