Obst v. Microtron

This is a suit for the alleged wrongful cutting of timber from the land of plaintiffs. It was tried before the circuit court of Butler County without a jury and judgment was entered for plaintiff in the amount of $42,465, representing actual damages of $14,155 which were trebled pursuant to Section 537.340 (all statutory references are to RSMo 1949, V.A.M.S., unless otherwise stated). Following the entry of this judgment, Judge Randolph H. Weber, the circuit Judge who heard the case, resigned. Defendant then filed several after-trial motions including a motion for a new trial. Judge Philip S. Terry, who succeeded Judge Weber as Judge of the circuit court of Butler County, found and determined that the land, or a substantial portion thereof, did not lie in the county from which plaintiffs predecessors in title had obtained a patent, and also that the "findings and judgment of the Court rendered herein are against the weight of the evidence." He then set aside the judgment in favor of plaintiffs and ordered a new trial. It is from this order granting a new trial that plaintiffs have appealed. We shall continue to refer to the parties as in the trial court.