Lawson v. Mills
Supreme Court of Missouri
Appeal from Dade Circuit Court. — Hon. D. P. Stbatton, Judge. Where there is sufficient evidence to go to the jury and proper instructions are given, their finding is conclusive.
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Appeal from Dade Circuit Court. — Hon. D. P. Stbatton, Judge. Where there is sufficient evidence to go to the jury and proper instructions are given, their finding is conclusive. Gilbert & Son v. Hill, 77 Mo. 553. The plaintiff is not concluded by the verdict, as it is not a bar to another suit and is not injured by the verdict of the jury, and under the evidence it was for the right party, and no error appearing in the record for which the verdict could properly be set aside, the order granting a new trial should be set aside and the cause remanded, with directions to the trial court to…
1Opinion of the CourtBubgess, J.
This is an action of ejectment begun in the circuit court of Lawrence county for the possession of a tract of land in that county. The venue was subsequently changed to the circuit court of Dade county, where upon trial to a jury the issues were found for defendant.
Plaintiff then filed his motion to set aside the verdict of the jury, and for a new trial, assigning among other reasons therefor the following:
“The verdict of the jury is contrary to the evidence.
“There is no evidence in the case to support the verdict of the jury.”
The motion was sustained and a new trial granted, the court…
2Cases cited5 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Eidemiller v. KumpSupreme Court of Missouri · 1875
- Lockwood v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1870
3Cited by5 opinions
- Young v. RuhwedelMissouri Court of Appeals · 1906
- Stewart ex rel. Stewart v. ToddMissouri Court of Appeals · 1902
- Barrows v. CassidySupreme Court of Oklahoma · 1925
- Baker v. City of IndependenceMissouri Court of Appeals · 1900
- Spaulding v. City of EdinaMissouri Court of Appeals · 1904