Lowe v. Frede
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. William G. Ellison, Judge. The correctness of appellant’s abstract is not challenged and in such cases the court will accept it as correct and look to it alone for the record of the case. When there is no counter-showing made, the' court is bound by the recital of the appellant’s abstract. Ricketts v. Hart, 73 Mo.
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Appeal from Atchison Circuit Court. — Hon. William G. Ellison, Judge. The correctness of appellant’s abstract is not challenged and in such cases the court will accept it as correct and look to it alone for the record of the case. When there is no counter-showing made, the' court is bound by the recital of the appellant’s abstract. Ricketts v. Hart, 73 Mo. App. 648. This abstract shows no judgment in the case, and the appeal is from the order of the court overruling the motion for a new trial, as is stated at the-beginning of bis- statement. Our statute, See. 806, R. S. 1899;, says one cannot…
1Opinion of the Court
BROWN, J. —
Suit for personal injuries resulting from assault and battery.
This action was transferred to this court by the Kansas City Court of Appeals because the amount in issue exceeds $7,500.
The appeal is somewhat unusual. In his printed abstract of the record appellant describes it as follows:
‘ ‘ This is an appeal from the ruling from the circuit court overruling a motion for a new trial. In the court below the defendant obtained a verdict.”
A careful inspection of the abstract of the record shows that the cause was tried by a jury in the circuit court of Atchison county, which jury, on…
2Cases cited7 opinions
- State ex rel. Shackleford v. McElhinneySupreme Court of Missouri · 1912
- Rock Island Implement Co. v. MarrSupreme Court of Missouri · 1902
- Dale v. CoppleSupreme Court of Missouri · 1873
- Freeman v. McCriteMissouri Court of Appeals · 1912
- Voorhis v. Western Union Building & Loan Ass'nMissouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pence v. Kansas City Laundry Service Co.Supreme Court of Missouri · 1933
- Bonfils v. Martin's Food Service Co.Supreme Court of Missouri · 1923
- Goad v. Mister Softee of the Mississippi Valley, Inc.Missouri Court of Appeals · 1964