Oldham v. Henderson
Supreme Court of Missouri
APPEAL from the Pike county circuit court. Henderson brought an action before a justice of the peace, for the value of fifty days work at 76 cents per day. Henderson had judgment before the justice for his demand. Oldham appealed to the circuit court where Henderson again had judgment. A point arises on the record, on the motion for a new trial.
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APPEAL from the Pike county circuit court. Henderson brought an action before a justice of the peace, for the value of fifty days work at 76 cents per day. Henderson had judgment before the justice for his demand. Oldham appealed to the circuit court where Henderson again had judgment. A point arises on the record, on the motion for a new trial. The defendant moved for anew trial, and assigned several reasons, alleging that the court erred in matters of law, but these reasons, one only excepted, have no foundation [in] the record. It is also alleged that the verdict is against evidence. This…
1Opinion of the Court
Opinion of the court, was delivered by
McGirk J.
As to.the question whether the court ought to have granted a new trial, we are of opinion the court did right to refuse it. It is only in those cases where the circuit court clearly erred, that this court ought to interfere; some members of this court would find the same verdict the court below did, and some would not. This diversity of opinion, is of itself a sufficient reason to prevent our interference.
With regard to the point whether the court ought to have allowed the defendant a deduction of $4, 25, which the plaintiff received of the…
2Cited by9 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State v. St. Louis Perpetual Marine, Fire, & Life, InsuranceSupreme Court of Missouri · 1843
- Redman v. AdamsSupreme Court of Missouri · 1901
- State ex inf. Walton v. BeechnerSupreme Court of Missouri · 1901
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