State ex rel. Albers v. Horner
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) The statute, regarding new trials, does not apply to a new trial which is granted for error of the trial court in giving instructions to the jury, and where such error has induced an erroneous verdict, such new trial is not counted. Boyer v. Smith, 16 Mo. 351. The facts in this case are different from those in State ex rel.
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Appeal from, St. Louis Court of Appeals. (1) The statute, regarding new trials, does not apply to a new trial which is granted for error of the trial court in giving instructions to the jury, and where such error has induced an erroneous verdict, such new trial is not counted. Boyer v. Smith, 16 Mo. 351. The facts in this case are different from those in State ex rel. Wright v. Adams, 76 Mo. 606. (2) The issues in this case were substantially changed, after the first trial and before the last one, by amendment of plaintiff’s petition, and the last trial was had on the issues as made by the…
1Opinion of the CourtNorton, J.
— This case is before us on defendant’s appeal from the judgment of the St. Louis court of appeals, awarding a peremptory writ of mandamus to compel W. H. Homer, judge of the circuit court of the city of St. Louis, to enter up judgment on the verdict of a jury in the case of C. H. Albers et al. v. Banking House of Bartholow, Lewis & Co., pending in said court. The application for the writ is based upon the following facts, viz.: The said cause was tried in said court in June, 1877, the jury returning a verdict for plaintiffs, assessing their damages at $1,500, which verdict was set aside and…
2Cases cited4 opinions
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Hill v. WilkinsSupreme Court of Missouri · 1835
- Leahey v. DugdaleSupreme Court of Missouri · 1867
- State ex rel. Wright v. AdamsSupreme Court of Missouri · 1882
3Cited by14 opinions
- State v. HarperSupreme Court of Missouri · 1945
- Wright v. SwayneTexas Supreme Court · 1911
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Langston v. Southern Electric RailroadSupreme Court of Missouri · 1898
- State Ex Rel. Rucker v. HoffmanSupreme Court of Missouri · 1926
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