Poston v. Williams
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Eon. J. W. Alexander, Judge. (1) The appellate court will examine the record and render such judgment as should have been rendered by the trial court, or remand the cause with directions to the lower court to render the proper judgment. Baughman v. Waterworks Co., 58 Mo. App. 580; Lovell v. Davis, 52 Mo.
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Appeal from Daviess Circuit Court. — Eon. J. W. Alexander, Judge. (1) The appellate court will examine the record and render such judgment as should have been rendered by the trial court, or remand the cause with directions to the lower court to render the proper judgment. Baughman v. Waterworks Co., 58 Mo. App. 580; Lovell v. Davis, 52 Mo. App. 342. (2) The sustaining of a motion for a new trial is no longer a mere matter of judicial discretion, and if no substantial legal reason appears in the announcement of the court, the motion for a new trial, or the record, then this court will…
1Opinion of the CourtBroaddus, J.
-This suit originated in a justice’s court where trial was had and judgment was for defendant, from which plaintiff appealed to the circuit court where he recovered a,verdict which was set aside on motion, from, which action of the court he appealed here.
The evidence tended to show that William H. Posten, the infant, was the owner of a certain horse, which he desired to exchange for another, and for the purpose *516of making such exchange he and defendant entered into an arrangement Avhich culminated in defendant exchanging plaintiff’s animal for a certain black horse and a gray filly, the…
2Cases cited2 opinions
- Armitage v. WidoeMichigan Supreme Court · 1877
- Turner v. BondalierMissouri Court of Appeals · 1888
3Cited by3 opinions
- Hodge v. Feiner Ex Rel. FeinerSupreme Court of Missouri · 1936
- State Ex Rel. Dyer Ex Rel. Dyer v. Union Electric Co.Missouri Court of Appeals · 1958
- Bader v. JonesMissouri Court of Appeals · 1906