Hurley v. Kennally
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The court erred in sustaining plaintiff’s motion for new trial. The verdict and judgment for defendant was right under the pleadings and the evidence, and plaintiff made no showing whatever entitling him to a new trial.
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Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The court erred in sustaining plaintiff’s motion for new trial. The verdict and judgment for defendant was right under the pleadings and the evidence, and plaintiff made no showing whatever entitling him to a new trial. (2) After the court sustained plaintiff’s motion for a new trial, and granted a rehearing of the cause, the case stood for hearing the same as though there had been no previous trial; and the court had no authority to enter up judgment against defendant without his consent and against objection, without giving…
1Opinion of the CourtValliant, J.
— This is a suit in equity to set aside a deed from plaintiff to defendant to certain land in Jackson county on the ground that the defendant obtained the deed by fraud and undue influence.
The answer put the charges of fraud and undue influence in issue. The cause came on for trial and there was evidence tending to prove the allegations in the petition and evidence on the part of the defendant to the contrary. The court found the issues in favor of the defendant and rendered judgment in his favor. In due time the plaintiff filed a motion for a new trial, based mainly on the ground that the…
2Cases cited3 opinions
- State v. NewkirkSupreme Court of Missouri · 1872
- Needles v. BurkSupreme Court of Missouri · 1889
- Friestatt Milling Co. v. BoggessMissouri Court of Appeals · 1899
3Cited by27 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- Harbison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Byrd v. BrownMissouri Court of Appeals · 1982
- Willis v. WillisMissouri Court of Appeals · 1954
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