Exchange National Bank v. Allen
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. GL II. Burckhardt, Judge. Action on a promissory note for $1,200, brought by the respondent against the appellants. The case was tried, at the August term, 1874. Neither party requiring a jury, the cause was submitted to the court which rendered a verdict for the respondent for the amount of the note and interest.
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Appeal from Boone Circuit Court. — Hon. GL II. Burckhardt, Judge. Action on a promissory note for $1,200, brought by the respondent against the appellants. The case was tried, at the August term, 1874. Neither party requiring a jury, the cause was submitted to the court which rendered a verdict for the respondent for the amount of the note and interest. Appellants, thereupon, stated, by their counsel, that they would file motions for a new trial and in arrest, (assigning the usual reasons,) before the adjournment of the term, and upon such statement the court directed the entry to be made…
1Opinion of the CourtNorton, J.
1. motion for new TRIAL-
It has been settled by repeated decisions that this court will not review the proceedings badina trial court when the party prosecuting. his appeal or writ of error, has failed to file his motion for new trial or in arrest of judgment within the statutory time, thus giving the lower court an opportunity to correct its error. Morgner v. Kister, 42 Mo. 466; State v. Marshall, 36 Mo. 400; Morgan v. January, 52 Mo. 523; Banks v. Lades, 39 Mo. 406.
2. appeal: entries nune pro tunc.
The record before us as amended by the nunc pro tunc •entry made by the circuit court in…
2Cases cited15 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Miller v. HardinSupreme Court of Missouri · 1877
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
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3Cited by31 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Burnside v. WandSupreme Court of Missouri · 1902
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