State ex rel. Moore v. White
Supreme Court of Missouri
Error to Cole Circuit Court. I. The petition in this case discloses the fact that the property was the homestead, and that the widow was interested in it; hence she was bound to pay the taxes. (Whalley vs. Whalley, 50 Mo., 577 ; 57 Mo., 135 ; Elliott vs. Lemon, Cent. Law Jour., vol. 2, p. 227; Wilcox vs. Smith, 26 Barb., 326 ; 45 Barb., 188-9.) II.
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Error to Cole Circuit Court. I. The petition in this case discloses the fact that the property was the homestead, and that the widow was interested in it; hence she was bound to pay the taxes. (Whalley vs. Whalley, 50 Mo., 577 ; 57 Mo., 135 ; Elliott vs. Lemon, Cent. Law Jour., vol. 2, p. 227; Wilcox vs. Smith, 26 Barb., 326 ; 45 Barb., 188-9.) II. If, as charged, it was defendant’s duty to pay the taxes, it was the defendant’s debt, and plaintiff could not, by paying them, make defendant her debtor. (2 Greenl. Ev., §§ 107, 113 ; Pars. Cent., ed. 1864, 499, 470.) III. The petition does not…
1Opinion of the CourtNapton, Judge
The first question in this case is raised by a motion to dismiss. A petition was filed and a demurrer, and the court sustained the demurrer, and entered judgment thereon for defendant. A writ of error was sued out to this judgment. The objections are, that there was no motion for new trial, and no motion in arrest, in short, that there was no bill of exceptions in the case.
If error appears upon a record, a writ of error is the proper mode of correcting it. Petition and demurrer and judgment on the same are parts of the record, and there is no need of a bill of exceptions to make them records.…
2Cited by7 opinions
- Bevin v. PowellMissouri Court of Appeals · 1881
- Swaggard v. HancockMissouri Court of Appeals · 1887
- Shoultz v. LeeSupreme Court of Missouri · 1914
- Smith v. StephensSupreme Court of Missouri · 1901
- Graham v. AllisonMissouri Court of Appeals · 1887
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