Miners & Merchants Bank v. Rogers
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) If, upon the pleadings and evidence, the plaintiff should not recover, then no error upon the trial of a case can be ground for a new trial and the order granting the new trial must be set aside and judgment entered for the defendant, upon the verdict.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) If, upon the pleadings and evidence, the plaintiff should not recover, then no error upon the trial of a case can be ground for a new trial and the order granting the new trial must be set aside and judgment entered for the defendant, upon the verdict. Bartley v. Railroad, 148 Mo. 124; Warner v. Railroad, 178 Mo. 125; Haven v. Railroad, 155 Mo. 229; Graney v. Railroad, 157 Mo. 678; Merriam v. Railroad, 136 Mo. 145; Candee v. Railroad, 130 Mo. 154; Vogg y. Railroad, 138 Mo. 172;. Homuth y. Railroad, 129 Mo. 642; Edwards v.…
1Opinion of the CourtEllison, J.
This is an action on two promissory notes executed by Ewing & Co., a partnership, and by its individual members to defendant Rogers and by Rogers afterwards indorsed to the plaintiff. A trial was had which resulted in a yerdict for the defendant. On plaintiff’s motion, this yerdict was set aside and a new trial ordered. Prom that order defendant appealed.
The new trial was granted on the ground that the yerdict was against the weight of the evidence. The granting of new trials upon that ground is exclusively within the province of the trial court. Appellate courts do not investigate a case on…
2Cases cited4 opinions
- Hosea v. RowleySupreme Court of Missouri · 1874
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- First National Bank v. LeavittSupreme Court of Missouri · 1877
- Boatmen's Savings Bank v. JohnsonMissouri Court of Appeals · 1887
3Cited by4 opinions
- Karnes v. WinnMissouri Court of Appeals · 1907
- Citizens State Bank v. RosenwaldSouth Dakota Supreme Court · 1934
- Peper v. PeperSupreme Court of Missouri · 1912
- Citizens Bank v. EvansMissouri Court of Appeals · 1913