King v. Mann
Missouri Court of Appeals
Appeal from Circuit Court of St. Clair County. — Eon. G. A. Calvird, Judge. (1) The law in this case has been settled. King v. Mann, 207 S. W. 836. (2) There can be bnt one new trial granted to the same party because the verdict is against the weight of the evidence. Sec. 1454, R. S. 1919; O’Donnell v. United Ry. Co., 152 Mo.
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Appeal from Circuit Court of St. Clair County. — Eon. G. A. Calvird, Judge. (1) The law in this case has been settled. King v. Mann, 207 S. W. 836. (2) There can be bnt one new trial granted to the same party because the verdict is against the weight of the evidence. Sec. 1454, R. S. 1919; O’Donnell v. United Ry. Co., 152 Mo. App. 506; Van Loon v. Power Co., 271 Mo. 209. (3) There was a prior new trial granted plaintiff in this cause on the ground that the verdict was against the weight of the evidence. King v. Mann, 199 S. W. 705. (4) In the absence of due cause an attorney’s abandonment of…
1Opinion of the CourtFarrington, J.
— This cause of action is of long standing, and is now for the third time under consideration in the' appellate courts of this State. The facts can be found stated in the opinion in the case of King v. Mann, 199 S. W. 705, and particularly in King v. Mann, 207 S. W. 836. The judgment appealed from at this time was rendered in th,e circuit court of St. Clair county, where the cause was taken on a change of venue. After it was submitted to the jury on instructions and a verdict rendered for the defendant, the trial court granted a new trial without stating any reasons therefor in passing upon a…
2Cases cited5 opinions
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. KleinSupreme Court of Missouri · 1897
- Rigby v. St. Louis Transit Co.Missouri Court of Appeals · 1910
- Claybaugh v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1894
- Rhodes v. MaretCourt of Appeals of Texas · 1907
3Cited by4 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Davis v. JohnsonSupreme Court of Missouri · 1933
- King v. MannSupreme Court of Missouri · 1926
- Petrilli v. Swift & Co.Missouri Court of Appeals · 1924