Legal Opinion

Woolfolk v. Tate

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 21 opinions

Appeal from Marion Circuit Court. I. It is the doctrine of this court that motions for new trials arc always addressed to the discretion of the court in which the trial was had. (16 Mo. 393.) But it is submitted that this court is not in this case called upon to control the discretion of the circuit court as to the weight of testimony. That court expressly declined acting upon the question because the judge then sitting was not the judge before whom the cause was tried. II.

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Appeal from Marion Circuit Court. I. It is the doctrine of this court that motions for new trials arc always addressed to the discretion of the court in which the trial was had. (16 Mo. 393.) But it is submitted that this court is not in this case called upon to control the discretion of the circuit court as to the weight of testimony. That court expressly declined acting upon the question because the judge then sitting was not the judge before whom the cause was tried. II. The verdict was against the evidence. I. The judge of the circuit court properly refused to disturb the verdict. The…

1Opinion of the CourtRichabdson, Judge

This case was tried in the Marion circuit court, at the July term, 1855, before Judge Wells. The verdict was for the plaintiff, and thereupon the defendant filed his motion for a new trial, on the ground that the verdict was against the weight of evidence, and that the court admitted illegal testimony. The motion was not heard by the judge who tried the cause, but was continued until the next term, and in the mean time Marion county, by an act of the general assembly, was included in another circuit, in which Judge Redd presided. At the February term, 1856, the motion was called and overruled…

2Cited by21 opinions

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  2. State v. MessinoSupreme Court of Missouri · 1930
  3. Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
  4. State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
  5. Bass v. SwingleySupreme Court of Kansas · 1889

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