Ewart v. Peniston
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) The court erred in setting aside the verdict of the jury and granting a new trial on the application of Terry, and erred in .overruling plaintiff’s motion to strike out said Terry’s petition for a new trial for the following reasons: First, because if said application is to be regarded as a motion for a new trial the same was filed too late.
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Appeal from St. Louis City Circuit Court. — Hon. Chas. Claflin Allen, Judge. (1) The court erred in setting aside the verdict of the jury and granting a new trial on the application of Terry, and erred in .overruling plaintiff’s motion to strike out said Terry’s petition for a new trial for the following reasons: First, because if said application is to be regarded as a motion for a new trial the same was filed too late. All motions for new trial, and in arrest of judgment, shall be filed within four days'after the trial, and this was not filed until about twenty-two days after the trial. R.…
1Opinion of the CourtCraves, P. J.
Action in the circuit court of the city of St. Louis to establish the alleged will of Solomon P. Sublette. Plaintiffs and defendants are alleged to be the only 'heirs at law of the said Solomon P. Sublette, as well as the only beneficiaries -under the said will. It appears that there was an attempt to probate the will in the probate court of the city of St. Louis in 1896, but the same was rejected. The petition avers that the plaintiffs a,re and for years had been married women, and thus they sought to obviate the bar of the Statute of Limitations. Upon a *701trial before a jury in the circuit…
2Cases cited17 opinions
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870
- Scott v. SmithSupreme Court of Missouri · 1896
12 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Kelso v. W. A. Ross Construction Co.Supreme Court of Missouri · 1935
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
45 more not listed; retrieve them via the Exa API.