Howland v. Reeves
Missouri Court of Appeals
Appeal from Schuyler Circuit Court, Hon. Nat. M. Shelton, Special Judge. The case is stated in the opinion. I. The improper granting of new trial may be assigned for error. Blanchard v. Wolf, 6 Mo. App. 200 ; Fretwell v. Laffoon, 77 Mo. 26 ; The State v. Curtis, 77 Mo. 267. II. No diligence was shown ; the newly discovered evidence is merely cumulative. The State v. McLaughlin, 27 Mo.
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Appeal from Schuyler Circuit Court, Hon. Nat. M. Shelton, Special Judge. The case is stated in the opinion. I. The improper granting of new trial may be assigned for error. Blanchard v. Wolf, 6 Mo. App. 200 ; Fretwell v. Laffoon, 77 Mo. 26 ; The State v. Curtis, 77 Mo. 267. II. No diligence was shown ; the newly discovered evidence is merely cumulative. The State v. McLaughlin, 27 Mo. Ill; Fretwell r>. Laffoon, 77 Mo. 26 ; Snyder v. Burnham, 77 Mo. 52; Coolc v. Railroad, 56 Mo. 380 ; People v. Sup. Court, 10 Wendell (N. Y.) 285; The State v. Larrimore, 20 Mo. 427; Wells v. Sanger, 21 Mo. 359…
1Opinion of the CourtPhilips, P. J.
This action was to recover in this state on a judgment rendered in the circuit court of Wayne county, Iowa. The cause came on for trial, May 5, 1885. Plaintiff had judgment. On the sixth day of said month defendants filed motion for new trial, alleging various errors. On the eighth day of said month, defendants filed a supplemental motion alleging newly discovered evidence. These motions were continued for hearing to the next November term of the court. The latter motion was accompanied by the affidavit of George Reeves, one of the defendants. Before the hearing of the motions the defendant,…
2Cases cited6 opinions
- State v. FloydSupreme Court of Missouri · 1852
- Oldham v. HendersonSupreme Court of Missouri · 1836
- Ruch v. JonesSupreme Court of Missouri · 1863
- Morgner v. BirkheadSupreme Court of Missouri · 1863
- Huntington v. HouseSupreme Court of Missouri · 1856
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3Cited by2 opinions
- Mackin v. People's Street Railway & Electric Light & Power Co.Missouri Court of Appeals · 1891
- Chambers v. ElliottMissouri Court of Appeals · 1912