Legal Opinion

A. A. Nicol & Co. v. Hyre & Co.

Missouri Court of Appeals

Decided April 30, 1894PublishedCited by 4 opinions

Appeal from the Jackson Circuit Court. — Hon. J. H. Sloyee, Judge. The court was powerless in law to grant a second or third new trial to defendant’s case, because it had already granted one new trial in the same case.

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Appeal from the Jackson Circuit Court. — Hon. J. H. Sloyee, Judge. The court was powerless in law to grant a second or third new trial to defendant’s case, because it had already granted one new trial in the same case. R. S. 1889, sec. 2165; State ex rel. v. Adams, 76 Mo. 605. (1) When the trial, court, during the term when a judgment is rendered, vacates it, its action in so doing must, in the absence of a showing to the contrary, be considered warranted by the exercise of its general power. The party seeking a review of the action of the trial court must affirmatively show that the action…

1Opinion of the CourtSmith, P. J.

This was an action on an account before a justice of the peace. There was a trial in the circuit court by a jury, resulting in a verdict for plaintiffs, which, on motion of defendants, was by the court set aside for the reason that it “is not supported by the evidence.” At a later term there was a second trial by jury likewise resulting in a verdict for the plaintiffs which, on motion of defendants, was set aside for the reason that it “is not supported by the evidence.”

The plaintiffs thereupon filed a motion to set aside this order of the court for the reason that it was without power to…

2Cases cited4 opinions

  1. Bateson v. ClarkSupreme Court of Missouri · 1865
  2. State v. McDonaldSupreme Court of Missouri · 1885
  3. State v. Ma FooSupreme Court of Missouri · 1892
  4. State v. PintsSupreme Court of Missouri · 1876

3Cited by4 opinions

  1. Wright v. SwayneTexas Supreme Court · 1911
  2. Clarkson v. GarveyMissouri Court of Appeals · 1913
  3. O'Donnell v. United Railways Co.Missouri Court of Appeals · 1911
  4. Bohm Bros. v. StiversMissouri Court of Appeals · 1899

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