Haydon v. Alkire Grocery Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Son. John A. Soclcaday, Judge. (1) The point is pressed by respondent that the bill of exceptions could not be filed after the death of Hombs. Respondents cite the case of Murphy v. Redmond, 46 Mo. 317. It was there held that a motion for a new trial could not be passed upon after the death of one of the parties to the suit. This was expressly overruled in State ex rel.
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Appeal from Boone Circuit Court. — Son. John A. Soclcaday, Judge. (1) The point is pressed by respondent that the bill of exceptions could not be filed after the death of Hombs. Respondents cite the case of Murphy v. Redmond, 46 Mo. 317. It was there held that a motion for a new trial could not be passed upon after the death of one of the parties to the suit. This was expressly overruled in State ex rel. Meinhard v. Stratton, 110 Mo. 431, where it was declared to be the duty of the court to pass upon such motions notwithstanding the death of a party subsequent to the judgment. It would…
1Opinion of the CourtEllison, J.
Plaintiff brought suit by attachment in the circuit court of Eoone county. Afterwards, an interplea was filed by the trustee in a chattel deed of trust claiming the property. A trial of the interplea resulted in a judgment for plaintiff. The interpleader took the necessary steps looking to an appeal, and obtained leave to file a bill of exceptions after the term. Before attempting to file the bill he died and after-wards another was substituted as interpleader. At a subsequent term of the court, and within the time allowed, a bill of exceptions was signed by the judge and indorsed “filed” by…
2Cases cited20 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
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3Cited by1 opinion
- Stahlhuth v. NagleSupreme Court of Missouri · 1910