Cross v. Henderson
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Hon. Alomo D. Burnes, Judge. (1) It is only in cases where the complete transcript or in lieu thereof a certificate of the judgment, is not filed in this court in proper time that the judgment may be affirmed.
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Appeal from Andrew Circuit Court. — Hon. Alomo D. Burnes, Judge. (1) It is only in cases where the complete transcript or in lieu thereof a certificate of the judgment, is not filed in this court in proper time that the judgment may be affirmed. A failure to file a proper abstract is punished by the penalties provided by section 813, Revised Statutes 1899, and by the rules referred to, by dismissing the appeal or continuing the case at the option of the respondent, ganders v. Chartrand, 158 Mo. 364; State ex rel. v. Smith, 172 Mo. 457; Scott v. Black, 96 Mo. App. 478; McDonald v. Hoover, 143…
1Opinion of the CourtJohnson, J.
Plaintiff recovered judgment in the circuit court of Andrew county in the sum of one thousand dollars. Defendant appealed and brought the case here by the short form. The hearing in this court was set for October 12, 1907. On September 28th appellant filed his abstract of record and brief, service of -which had been acknowledged by respondent on September 2d. On September 30th appellant acknowledged service of respondent’s statement and brief which, afterward, was duly filed. Respondent asked in his brief that the judgment be affirmed on the ground of the insufficiency of appellant’s abstract…
2Cases cited9 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- Hill v. Butler CountySupreme Court of Missouri · 1906
- Everett v. ButlerSupreme Court of Missouri · 1906
- Redd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
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3Cited by1 opinion
- Weber Implement Co. v. HillMissouri Court of Appeals · 1909