Ensor v. Smith
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court committed error in sustaining respondent’s motion for a new trial. The case was properly and legally tried, so far as the respondent is concerned, upon proper and legal evidence and instructions, and the court made no ruling adverse to the respondent which is in any wise erroneous. The court could only set aside the verdict and grant a new trial for good cause shown on motion of respondent.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court committed error in sustaining respondent’s motion for a new trial. The case was properly and legally tried, so far as the respondent is concerned, upon proper and legal evidence and instructions, and the court made no ruling adverse to the respondent which is in any wise erroneous. The court could only set aside the verdict and grant a new trial for good cause shown on motion of respondent. E. 8. 1889, sec. 2240. (2) A verdict in due form and responsive to the issues can not he set aside, unless the court’s…
1Opinion of the CourtSmith, P. J.
— This is an action on two promissory notes. The defense interposed by the answer of the defendant, Jane E. Smith, was that of non est factvrn. *588There was a trial by jury in the circuit court which resulted in a verdict for the defendant, Jane E. Smith. On motion of the plaintiff the court made an order setting it aside upon the ground, first, “of the misconduct of the attorneys for defendant, JaneE. Smith, in continually offering and arguing illegal, irrelevant, immaterial and incompetent evidence as to other forgeries committed by Thomas M. Smith before the court and in the presence of the…
2Cases cited7 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Lovell v. DavisMissouri Court of Appeals · 1893
- Shepherd v. BrentonSupreme Court of Iowa · 1863
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3Cited by18 opinions
- Harkness v. JarvisSupreme Court of Missouri · 1904
- State v. BurnsSupreme Court of Missouri · 1921
- Beck v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Parker v. BrittonMissouri Court of Appeals · 1908
- Bloch Queensware Co. v. Smith, Saxton & Co.Missouri Court of Appeals · 1904
13 more not listed; retrieve them via the Exa API.