Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 download book
Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 download book
Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136.cMissouri Courts of Appeals
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Author: Missouri Courts of Appeals
Number of Pages: 252 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
Type: PDF
ISBN: 9781230074733
File size: 23 Mb
Download Link: Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... when satisfied that it is against the clear weight of the evidence. In Bayliss on New Trials and Appeals, page 505, the author says: "Where the law itself prescribes the rule of damages to which alone the plaintif f is entitled if he recover, a disregard of the law, and an award of a sum not warranted by the rule is such evidence of passion, or prejudice, or more frequently, of mistake or misapprehension as will render it the duty of the court to set aside the verdict." In Watson v. Harmon, 85 Mo. l. c. 447, the Supreme Court, in recognizing the exception to the general rule, observed: "But in cases of breach of contract and injury to property which have fixed standards of value, if there appears glaring deficiency in the verdict, justice demands a reversion." Very clear and to the point is what was said by the Court of Appeals in the following excerpts from the opinion in McDonald v. Walter, 40 N. Y.551: "Nevertheless, it would be strange, if true, that no instance should occur in which, through a misapplication of the law to the facts which they find proved, or through prejudice or passion, or mistake, injustice is done, which it became the duty of the court to correct. While the general rule should be preserved, it would notibe safe to assert the uncontrollable supremacy of the jury. Both in England and in this country, therefore, the court has always exercised the power of reviewing the evidence on a case made for the purpose, and of granting a new trial, where upon a cool and deliberate examination the ends of justice seemed to require it. "And this is always the plain duty of the court where the verdict is palpably against the law applied to the facts found. "It is upon these principles...
Read online Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 Buy and read online Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 Download and read Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent
Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136.cMissouri Courts of Appeals
Author: Missouri Courts of Appeals
Number of Pages: 252 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
Type: PDF
ISBN: 9781230074733
File size: 23 Mb
Download Link: Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... when satisfied that it is against the clear weight of the evidence. In Bayliss on New Trials and Appeals, page 505, the author says: "Where the law itself prescribes the rule of damages to which alone the plaintif f is entitled if he recover, a disregard of the law, and an award of a sum not warranted by the rule is such evidence of passion, or prejudice, or more frequently, of mistake or misapprehension as will render it the duty of the court to set aside the verdict." In Watson v. Harmon, 85 Mo. l. c. 447, the Supreme Court, in recognizing the exception to the general rule, observed: "But in cases of breach of contract and injury to property which have fixed standards of value, if there appears glaring deficiency in the verdict, justice demands a reversion." Very clear and to the point is what was said by the Court of Appeals in the following excerpts from the opinion in McDonald v. Walter, 40 N. Y.551: "Nevertheless, it would be strange, if true, that no instance should occur in which, through a misapplication of the law to the facts which they find proved, or through prejudice or passion, or mistake, injustice is done, which it became the duty of the court to correct. While the general rule should be preserved, it would notibe safe to assert the uncontrollable supremacy of the jury. Both in England and in this country, therefore, the court has always exercised the power of reviewing the evidence on a case made for the purpose, and of granting a new trial, where upon a cool and deliberate examination the ends of justice seemed to require it. "And this is always the plain duty of the court where the verdict is palpably against the law applied to the facts found. "It is upon these principles...
Read online Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 Buy and read online Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 Download and read Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 136 ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent