Sperry v. Hurd
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — No». Alomo D. Burnes, Judge. (1) The order granting the new trial will not be sustained on any ground except the grounds particularly designated. Bradley y. Reppell, 133 Mo. 545, 1 Mo. Am. Stat. sec. 801, and notes; Ittnery. Hughes, 133 Mo. 679, 689; Chitty y. Railroad, 148 M6. 75; McCarty y. Hotel Co., 144 Mo. 402; M'cManamee v. Railroad, 135 Mo. 447; Breeden v. Mining Co., 103 Mo.
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Appeal from DeKalb Circuit Court. — No». Alomo D. Burnes, Judge. (1) The order granting the new trial will not be sustained on any ground except the grounds particularly designated. Bradley y. Reppell, 133 Mo. 545, 1 Mo. Am. Stat. sec. 801, and notes; Ittnery. Hughes, 133 Mo. 679, 689; Chitty y. Railroad, 148 M6. 75; McCarty y. Hotel Co., 144 Mo. 402; M'cManamee v. Railroad, 135 Mo. 447; Breeden v. Mining Co., 103 Mo. App. 179. (3) This cause was properly submitted to the jury, under the pleadings and evidence. Wilson y. Burton, 96 Mo. App. 686. (1) The verdict on each count is against the…
1Opinion of the CourtEllison, J.
This is an action in trespass in which plaintiff recovered judgment in the trial court. Afterwards that court sustained defendants’ motion for a new trial and from that order plaintiff prosecutes this appeal. The action is based on section 4573, Revised Statutes 1899, which reads as follows: “If any per*497son shall voluntarily throw down or open any doors, bars, gates or fences, and leave the same open or down, •other than those that lead into his own enclosure, or shall voluntarily throw down, open or remove any partition fence, without giving sis months’ written notice to the person owning the…
2Cases cited1 opinion
- Wilson v. BurtonMissouri Court of Appeals · 1902
3Cited by2 opinions
- Sperry v. HurdSupreme Court of Missouri · 1916
- Sperry v. HurdMissouri Court of Appeals · 1910