Clay v. Board
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott Hughes, Judge. (1) When the judge refuses to sign a bill of exceptions such bill shall be signed by three bystanders who are respeetable inhabitants of the state. R. S. 1889, sec. 2170. (2) When the judge refuses to permit such bill signed by bystanders to be filed, either party may take affidavits in relation to its .truth, not exceeding five in number.
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Appeal from Audrain Circuit Court. — Hon. Elliott Hughes, Judge. (1) When the judge refuses to sign a bill of exceptions such bill shall be signed by three bystanders who are respeetable inhabitants of the state. R. S. 1889, sec. 2170. (2) When the judge refuses to permit such bill signed by bystanders to be filed, either party may take affidavits in relation to its .truth, not exceeding five in number. R. S. "1889, sec. 2173; State v. Jones, 102 Mo. 305. (3) The appellate eouid shall admit as part of the record of a cause every bill of exceptions taken therein, upon its appearing…
1Opinion of the CourtBond, J.
— Plaintiff sued for alleged injuries to his residence lot by the cutting away of the soil and the closing up of drains or sewers, setting forth hi's cause of action, first, in a count for trespass; secondly, in a count for the negligent cutting and grading of a street, thus causing said injuries.
The defendants answered, one by a general denial, the other by a specific denial, and an averment that the work, for the doing of which the action was brought, was performed by plaintiff’s request and consented to by him upon its completion.
Issue was taken by a reply. On the trial the second count of…
2Cases cited9 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Jones v. HannovanSupreme Court of Missouri · 1874
- Davis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
- City of Brookfield v. TooeySupreme Court of Missouri · 1897
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3Cited by3 opinions
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
- Faust v. PopeMissouri Court of Appeals · 1908
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914