St. Louis Plattdeutscher Club v. Tegeler
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Babclay, J. “If a bond contain the names of other obligors and is delivered without the signature of all, the obligor must en-quire whether those who have signed consent to its being delivered without the signatures of others.” — State to use v. Potter, 63 Mo. 212, citing Fletcher v. Austin, 11 Vt. 447 ; Brown v. Balter, 64 Mo. 167; State ex rel. v. Modrel, 69 Mo. 152. The motion for a new trial was submitted at a term subsequent to…
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Appeal from the St. Louis Circuit Court, Babclay, J. “If a bond contain the names of other obligors and is delivered without the signature of all, the obligor must en-quire whether those who have signed consent to its being delivered without the signatures of others.” — State to use v. Potter, 63 Mo. 212, citing Fletcher v. Austin, 11 Vt. 447 ; Brown v. Balter, 64 Mo. 167; State ex rel. v. Modrel, 69 Mo. 152. The motion for a new trial was submitted at a term subsequent to that at which the judgment was rendered. — Gill v. Scruggs, 79 Mo. 187 ; Givens v. VanStuddiford, 13 Mo. App. 168. And…
1Opinion of the CourtLewis, P. J.
The record shows that this canse was tried in the circuit court at the February term, 1884, and that a motion for new trial was filed within the proper time. No entry appears in the bill of exceptions or elsewhere, of a continuance of the motion, but it was overruled on a day in the next succeeding term. The respondent therefore claims, on authority of Givens v. Van Studdiford (13 Mo. App. 168), that we should disregard the motion for a new trial, as having passed out of the jurisdiction of the trial court, for want of a continuance. This court, in Givens v. Van Studdiford, refused to presume…
2Cases cited4 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Ayres v. MilroySupreme Court of Missouri · 1873
- Givens v. Van StuddifordMissouri Court of Appeals · 1883
3Cited by1 opinion
- Middleboro National Bank v. RichardsNebraska Supreme Court · 1898