GEHNER v. McPHERSON

Nos. 8754, 8755.

430 S.W.2d 312 (1968)

George GEHNER, Plaintiff-Respondent, v. Robert McPHERSON, Administrator of the Estate of William Backs, Deceased, Defendant-Appellant. Elmer KOTTMEIER, Plaintiff-Respondent, v. Robert McPHERSON, Administrator of the Estate of William Backs, Deceased, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

July 5, 1968.


Attorney(s) appearing for the Case

Robert B. McPherson, Greenfield, Warren S. Stafford, Neale, Newman, Bradshaw, Freeman & Neale, Springfield, for defendant-appellant.

Arkley W. Frieze, Frieze & Crandall, Carthage, for George Gehner, plaintiff-respondent.

A. D. Moore, Springfield, for Elmer Kottmeier, plaintiff-respondent.


TITUS, Judge.

We have here two cases so near akin they were ordered consolidated on appeal. The issues, as announced in appellant's brief, are whether the Circuit Court of Dade County erred (1) in refusing to open the judgments entered and permit the presentation of additional evidence because of newly discovered evidence or (2) in overruling defendant's motions for a new trial on the ground of newly discovered evidence. Defendant only entreats that "these causes...

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