Homuth v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) If upon the pleadings and evidence the plaintiff could not recover, then the plaintiff was not entitled to a new trial on account of errors occurring during the trial, and the court below was in error in granting a new trial.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) If upon the pleadings and evidence the plaintiff could not recover, then the plaintiff was not entitled to a new trial on account of errors occurring during the trial, and the court below was in error in granting a new trial. (2) Where, as in this case, the release is a sealed instrument and the fraud alleged does not go to the execution of the instrument, as that it was misread, then the only way in which it may be set aside is by a suit in equity for that purpose, and it can not be attacked at law. Johnsonv. Granite Co., 53…
1Opinion of the CourtRobinson, J.
This is an appeal by defendant from an order of tbe circuit court, setting aside a verdict in its favor in a personal injury case.
The petition is in the usual form, charging injuries received by plaintiff while she was a passenger on defendant’s cars on the evening of October 1, 1889, by reason of a collision between cars running in opposite directions on defendant’s street car tracks in Kansas City. Defendant answered, setting up four distinct defenses. First, the jurisdiction of the court by reason of illegal service of process on it. Second, a general denial. Third, contributory…
2Cases cited5 opinions
- Kelly v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Ellerbe v. National Exchange BankSupreme Court of Missouri · 1891
- Orth v. DorschleinSupreme Court of Missouri · 1862
- Hoyt v. DavisMissouri Court of Appeals · 1888
3Cited by35 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Houston & Texas Central Railroad v. McCartyTexas Supreme Court · 1901
- Great Northern Ry. Co. v. FowlerCourt of Appeals for the Ninth Circuit · 1905
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
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