Dierman v. Bemis Bros. Bag Co.
Citation | 129 S.W. 229,144 Mo. App. 474 |
Parties | DIERMAN v. BEMIS BROS. BAG CO. |
Decision Date | 06 June 1910 |
Court | Court of Appeal of Missouri (US) |
129 S.W. 229
144 Mo. App. 474
DIERMAN v. BEMIS BROS. BAG CO.
Springfield Court of Appeals. Missouri.
June 6, 1910.
1. APPEAL AND ERROR (§ 151)—PARTY AGGRIEVED —NEW TRIAL.
Under Rev. St. 1899, § 806 (Ann. St. 1906, p. 769), allowing a party aggrieved to appeal from an order granting a new trial, etc., an appellant is not aggrieved by the allowance of a new trial on appellee's motion and the denial
of appellant's motion for new trial, as it was immaterial on whose motion it was granted.
2. NEW TRIAL (§ 163)—GRANT OF—EFFECT.
Granting a new trial puts the case in condition so far as the trial court is concerned as if there had never been a trial, and no judgment could thereafter be rendered on the merits until a trial was had.
3. NEW TRIAL (§ 172)—RULINGS ON NEW TRIAL—RES ADJUDICATA.
When the case is tried anew after the granting of a motion for new trial, the rulings of the court on the former trial are in no sense res adjudicata.
Appeal from St. Louis Circuit Court; James E. Withrow, Judge.
Action by Annie Dierman against the Bemis Bros. Bag Company. From a judgment for plaintiff, defendant appeals. Affirmed.
Seddon & Holland, for appellant. A. R. Taylor, for respondent.
GRAY, J.
The plaintiff, an employé, sued defendant in the circuit court of the city of St. Louis, for damages, on account of personal injuries alleged to have been sustained through defective appliances furnished by the defendant for her to work with, and in a trial before a jury she recovered $1,000. Both parties moved for a new trial. The plaintiff, on the ground of the inadequacy of the verdict, and the defendant, on the ground of failure of proof to impeach the release set forth in the answer. The court first sustained both motions, and set aside the verdict and granted a new trial, but afterwards set aside that order and sustained the motion of the plaintiff and granted her a new trial, and at the same time overruled defendant's motion, and defendant appealed. In the answer, defendant set forth a written contract, by the terms of which, for a valuable consideration, the plaintiff released the claim sued on. The reply alleged that the release was procured through fraud.
Section 806, Rev. St. 1899 (Ann. St. 1906, p. 769), reads: "Any party to a suit aggrieved by any judgment in any civil cause, may take his appeal to a court having appellate jurisdiction from any order granting a new trial," etc.
The appellant assigns two reasons for disturbing the judgment of the circuit court. It is...
To continue reading
Request your trialSubscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.