City of St. Joseph v. Robison

• Decision Date: 20 November 1894
• Citation: 28 S.W. 166,125 Mo. 1
• Parties: CITY OF ST. JOSEPH v. ROBISON.
• Court: Missouri Supreme Court

28 S.W. 166

125 Mo. 1

CITY OF ST. JOSEPH v. ROBISON.

Supreme Court of Missouri, Division No. 2.

November 20, 1894.

MOTION FOR NEW TRIAL.

Under Rev. St. 1889, § 2243, providing that a motion for new trial "shall be made within four days after the trial," such motion must be filed within four days after the verdict is rendered.

Error to circuit court, Buchanan county; A. M. Woodson, Judge.

Action by the city of St. Joseph against James H. Robison, in ejectment. Judgment for defendant, and plaintiff brings error. Affirmed.

Huston & Parrish and Sherwood & Allen, for plaintiff in error. B. R. Vineyard, for defendant in error.

BURGESS, J.

This is ejectment for the recovery of the possession of a small parcel of ground which plaintiff claims as a part of a street, and to which defendant claims to have acquired title by limitation. There was a trial to a jury, and judgment rendered for defendant, and plaintiff appeals. The verdict was rendered on the 6th day of November, 1891, and the motion for a new trial was filed on the 16th day of November next thereafter. The motion was filed out of time, and the bill of exceptions cannot be considered by this court. It should have been filed within four days after the verdict (section 2243, Rev. St. 1889), and could not be filed thereafter. It was so held in Maloney v. Railway Co. (Mo. Sup.) 26 S. W. 702. The judgment is affirmed. All concur.