Crossland v. Admire
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The trial court failed to specify of record the ground of new trial, and the order granting a new trial should, therefore, be reversed. The statute, as amended by the laws of 1887, provides that “every order allowing a new trial shall specify of record the ground or grounds on Which said new trial is granted. ’ ’ Revised Statutes, section 2241. • Such provision is not permissive but mandatory.
Read the full summary
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The trial court failed to specify of record the ground of new trial, and the order granting a new trial should, therefore, be reversed. The statute, as amended by the laws of 1887, provides that “every order allowing a new trial shall specify of record the ground or grounds on Which said new trial is granted. ’ ’ Revised Statutes, section 2241. • Such provision is not permissive but mandatory. Consequently, we submit that a failure to comply therewith, of itself, constitutes reversible error. Taylor v. Agricultural Co., 47 Mo.…
1Opinion of the CourtMaceablane, J.
This suit in ejectment was commenced in the circuit court of Lincoln county, returnable to the September term, 1891. Summons was duly served on defendant more than thirty days before that term. Defendant did not answer or otherwise plead and on the fourth day of the term, final judgment was rendered against him for the possession of the land and for damages. Before the final judgment *90was rendered, plaintiff offered evidence of his title, of the possession of defendant, of the value, of rents and profits and of the damages. On the same day, defendant appeared by attorney and filed a motion,…
2Cases cited1 opinion
- Nichols v. ThomasMassachusetts Supreme Judicial Court · 1808
3Cited by34 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Diekmann v. Associates Discount CorporationMissouri Court of Appeals · 1966
- Crossland v. AdmireSupreme Court of Missouri · 1899
- State ex rel. Montana Central Railway Co. v. District CourtMontana Supreme Court · 1905
- Byrd v. BrownMissouri Court of Appeals · 1981
29 more not listed; retrieve them via the Exa API.