Karnes v. Winn
Missouri Court of Appeals
Appeal from Buchauau Circuit Court. — Son. Chesley A. Mosmcrn, Judge. (1) Appellant’s sole burden in the first instance, is to show the error of the court in sustaining the motion for new trial upon the ground stated on the record, leaving to respondent to demonstrate that the court should have granted a new trial upon one or more of the grounds stated in the motion. Miller v. Car Company, 130 Mo. 523, et seq.
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Appeal from Buchauau Circuit Court. — Son. Chesley A. Mosmcrn, Judge. (1) Appellant’s sole burden in the first instance, is to show the error of the court in sustaining the motion for new trial upon the ground stated on the record, leaving to respondent to demonstrate that the court should have granted a new trial upon one or more of the grounds stated in the motion. Miller v. Car Company, 130 Mo. 523, et seq. (2) And where there is abundant evidence to support the verdict this court will not presume that a new trial was granted on the ground that the verdict was against the weight of the…
1Opinion of the CourtEllison, J.
The plaintiffs, as representatives of the estate of George S. Karnes, deceased, brought an action against defendants on a promissory note for $988.30. The defendant Jennie Winn, who is a daughter of the deceased, denied the execution of the note and also set up a counterclaim of $5,000 on account of domestic services alleged to have been rendered her father during his lifetime. The trial resulted in a verdict against plaintiffs on the note and for the defendant Jennie Winn on her counterclaim in the sum of $2,000. Plaintiff filed a motion for new trial which was sustained by the trial court…
2Cases cited5 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Herndon v. LewisSupreme Court of Missouri · 1903
- Thompson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
- Stewart ex rel. Stewart v. ToddMissouri Court of Appeals · 1902
- Miners & Merchants Bank v. RogersMissouri Court of Appeals · 1907
3Cited by9 opinions
- Canterbury v. Kansas CityMissouri Court of Appeals · 1908
- Marts v. PowellMissouri Court of Appeals · 1913
- Peper v. PeperSupreme Court of Missouri · 1912
- Clarkson v. GarveyMissouri Court of Appeals · 1913
- Higgins v. HigginsSupreme Court of Missouri · 1912
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