Legal Opinion

Rickroad v. Martin

Missouri Court of Appeals

Decided February 2, 1891PublishedCited by 10 opinions

Appeal from the Putnam Circuit Court. — Hon. Andrew Ellison, Judge.- (1) The order granting the new trial (pp. 44, 45 Abs.) specifies the ground on which it was granted, that plaintiff Harriet Rickroad committed perjury in swearing she did not write the letter used in evidence marked exhibit “A,” and that the verdict for the plaintiff was thereby procured by the perjury of the plaintiff, as required by section 2241, Revised Statutes. Burlce v. Kansas City, 34 Mo.

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Appeal from the Putnam Circuit Court. — Hon. Andrew Ellison, Judge.- (1) The order granting the new trial (pp. 44, 45 Abs.) specifies the ground on which it was granted, that plaintiff Harriet Rickroad committed perjury in swearing she did not write the letter used in evidence marked exhibit “A,” and that the verdict for the plaintiff was thereby procured by the perjury of the plaintiff, as required by section 2241, Revised Statutes. Burlce v. Kansas City, 34 Mo. App. 570. (2) A new trial may be granted for mistake or surprise of a party ; fraud or deceit practiced by either party; or where…

1Opinion of the CourtSmith, P. J.

This was an action of slander. There was a trial which resulted in a verdict for plaintiffs. The court upon the motion of defendant set aside the verdict of the jury, and granted a new trial on the specific ground that the plaintiff, Harriet Rickroad, had committed perjury in swearing that she did not write a certain letter introduced in evidence by the defendant. The plaintiffs’ filed a motion to set aside this order of the court, which being overruled, they refusing to further prosecute their cause, the court dismissed the same for want of prosecution. The plaintiffs filed a motion to set…

2Cases cited21 opinions

  1. Bowie v. City of KansasSupreme Court of Missouri · 1873
  2. Schellhous v. BallCalifornia Supreme Court · 1866
  3. Delmas v. MartinCalifornia Supreme Court · 1870
  4. Fretwell v. LaffoonSupreme Court of Missouri · 1882
  5. Gilstrap v. FeltsSupreme Court of Missouri · 1872

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3Cited by10 opinions

  1. Blackwood v. EadsSupreme Court of Arkansas · 1911
  2. Donati v. GualdoniSupreme Court of Missouri · 1948
  3. Campbell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
  4. Ridge v. JohnsonMissouri Court of Appeals · 1908
  5. March v. Midwest St. Louis, L.L.C.Supreme Court of Missouri · 2014

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