Wonderly v. Haynes
Missouri Court of Appeals
Error to St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Writs of error lie to correct errors on the face of the record. State v. Kelly, 206 Mo. 685; R. S. of Mo. 1909, sec. 2054. (2) Errors apparent upon the face of the record are reviewable by the appellate courts without a bill of exceptions being filed. Fink-elnburg & Williams, Missouri Appellate Practice, p. 45; Patterson v. Yancey, 97 Mo.
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Error to St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Writs of error lie to correct errors on the face of the record. State v. Kelly, 206 Mo. 685; R. S. of Mo. 1909, sec. 2054. (2) Errors apparent upon the face of the record are reviewable by the appellate courts without a bill of exceptions being filed. Fink-elnburg & Williams, Missouri Appellate Practice, p. 45; Patterson v. Yancey, 97 Mo. Ap-p. 693; Cartwright v. Liberty, 205 Mo. 126; State v. Gardner, 157 S. W. 84. (3) A nonsuit or judgment of dismissal entered of record deprives the court of further jurisdiction of the…
1Opinion of the CourtNortoni, J.
— Plaintiff in error, who is plaintiff also in the case, sued out this writ of error on May 19, 1909, to the end of reversing a judgment in favor of defendant in the case and defendant in error, on both counts of the petition. There is no bill of exceptions before us and the record alone is here.
It appears from the record that plaintiff instituted the suit against defendant by filing his petition in two counts in the circuit court and causing summons to issue thereon. The first count of the petition declared upon a promissory note of $2500, and the second count declared npon five separate…
2Cases cited4 opinions
- Hurley v. KennallySupreme Court of Missouri · 1905
- Cramer v. BarmonSupreme Court of Missouri · 1906
- Needles v. BurkSupreme Court of Missouri · 1889
- Wonderly v. HaynesMissouri Court of Appeals · 1911
3Cited by1 opinion
- White v. HoffmanSupreme Court of Missouri · 1932