Legal Opinion

Noah v. German Insurance

Missouri Court of Appeals

Decided January 24, 1899PublishedCited by 6 opinions

Appeal from, the Lincoln Circuit Cm-rt. — ILon. Elliott M. Hughes, Judge. The acceptance by plaintiff of the amount of a judgment is not a release or waiver of errors, and plaintiff is not es-topped thereby from appealing. 1 Ain. and Eng. Ency. of Law [1 Ed.], p. 623; Embry v. Palmer, 107 TJ. S. 8. In ■cases where appeals and writs of error are concurrent remedies, the taking of an appeal by one party does not deprive the other party of his right to sue out a writ of error.

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Appeal from, the Lincoln Circuit Cm-rt. — ILon. Elliott M. Hughes, Judge. The acceptance by plaintiff of the amount of a judgment is not a release or waiver of errors, and plaintiff is not es-topped thereby from appealing. 1 Ain. and Eng. Ency. of Law [1 Ed.], p. 623; Embry v. Palmer, 107 TJ. S. 8. In ■cases where appeals and writs of error are concurrent remedies, the taking of an appeal by one party does not deprive the other party of his right to sue out a writ of error. Harding v. Larkin, 41 111. 413; Ency. of Plead, and Prac., p. 855. Cur statute authorizes writs of error to be taken by…

1Opinion of the CourtBland, P. J.

This suit was brought in the Lincoln circuit court on a policy of insurance which insured the plaintiff’s bouse for $500, and bis household goods for $400. the petition contained but one count, asking judgment for $900, the face value of the policy. A trial was bad resulting in a judgment for plaintiff for $400. the defendant company appealed to tbis court from that judgment.

*374Estoppel. *372The appeal was beard at the October- term, 1896, of tbis court, and the judgment of $400 for plaintiff was affirmed. (69 Mo. App. 332.) the plaintiff in error appeared in tbis court on that appeal by attorney…

2Cases cited3 opinions

  1. Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847
  2. Waddingham v. WaddinghamMissouri Court of Appeals · 1887
  3. Noah v. German InsuranceMissouri Court of Appeals · 1897

3Cited by6 opinions

  1. Lumaghi v. AbtMissouri Court of Appeals · 1907
  2. Household Finance Corporation v. AveryMissouri Court of Appeals · 1972
  3. Jackson County v. HesterbergMissouri Court of Appeals · 1975
  4. City of St. Louis v. NelsonMissouri Court of Appeals · 1904
  5. Davis v. BlairMissouri Court of Appeals · 1901

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