Sperry v. Hurd
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — Hon. Alonzo D. Burnes, Judge.. The trial court, in granting a new trial, had no right to tax any costs against the plaintiff Sperry— and, did not tax any costs against him. The action of the trial court, in granting a new trial in the principal case, merely left the trial court costs to abide the final results of the case — and, awarded the defendants a retrial.
Read the full summary
Appeal from DeKalb Circuit Court. — Hon. Alonzo D. Burnes, Judge.. The trial court, in granting a new trial, had no right to tax any costs against the plaintiff Sperry— and, did not tax any costs against him. The action of the trial court, in granting a new trial in the principal case, merely left the trial court costs to abide the final results of the case — and, awarded the defendants a retrial. This court simply affirmed this action of the trial court — and left the trial court costs to abide the final result of the case. Sperry v. Hurd, 130 Mo. App. 495; R. S. 1909, see. 2024; Hurley v.…
1Opinion of the CourtEllison, J.
Plaintiff obtained a verdict against the defendants in the circuit court of DeKalb county, and the latter in due time filed a motion for new trial, which the court sustained. An appeal was taken from the order sustaining the motion, to this court, and this court affirmed in these words: “Now at *517this day come again the parties aforesaid by their respective attorneys, and the court here being now sufficiently advised of and concerning the premises, doth consider and adjudge that the judgment aforesaid, in form aforesaid by the said circuit court of DeKalb county rendered, be in ah things…
2Cases cited2 opinions
- Musser v. HarwoodMissouri Court of Appeals · 1886
- Sperry v. HurdMissouri Court of Appeals · 1910