Legal Opinion

Northrop v. Diggs

Missouri Court of Appeals

Decided November 14, 1905PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — Hon. Warwich Hough, Judge. The discretionary .power of the circuit court in granting and refusing new trials is subject to review by the appellate court. Hill y. Wilkins, 4 Mo1. 86; Blanchard v. Wolf, 6 Mo. App. 200; Richards y. Martin, 43 Mo. App. 597; Carr y. Dawes, 46 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Warwich Hough, Judge. The discretionary .power of the circuit court in granting and refusing new trials is subject to review by the appellate court. Hill y. Wilkins, 4 Mo1. 86; Blanchard v. Wolf, 6 Mo. App. 200; Richards y. Martin, 43 Mo. App. 597; Carr y. Dawes, 46 Mo. App. 598. “It is the duty and prerogative of a trial court to grant one new trial when in its opinion the verdict is against the weight of the evidence (sec. 2241, R. S. 1889), and this court will never interfere in such cases unless the action of the court is purely arbitrary.”…

1Opinion of the CourtGoode, J.

— A verdict was given for the plaintiff in this case, but the trial court set it aside on the ground that the evidence did not support it. An appeal was taken from the order setting aside the verdict and granting a new trial. In support of the appeal it is maintained that the ground on which the new trial was granted was, in effect, that there was no evidence to support the verdict. We do not so understand the court’s order. The language used was: “The testimony does not support the verdict.” It is possible to interpret that language to mean that there was no evidence to support the verdict;…

2Cases cited2 opinions

  1. Liew v. Barrett & Barrett Beverage Co.Supreme Court of Missouri · 1898
  2. W. T. Hull & Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895

3Cited by1 opinion

  1. Northrop v. DiggsMissouri Court of Appeals · 1909

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