Diamond Match Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill .Ryan, Judge. (1) Defendant’s exceptions, if any, to the action of the court in overruling its motion for a new trial on March 8,1905, were not preserved by a bill of exceptions filed during said February term. The court has no power to permit a bill for such exceptions to be filed on January 19, 1906, at the December term, 1905, of said court.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill .Ryan, Judge. (1) Defendant’s exceptions, if any, to the action of the court in overruling its motion for a new trial on March 8,1905, were not preserved by a bill of exceptions filed during said February term. The court has no power to permit a bill for such exceptions to be filed on January 19, 1906, at the December term, 1905, of said court. Powell v. Sherwood, 162 Mo. 611; State v. Gartrel, 171 M'o. 505; Bick v. Williams, 181 Mo. 526; Building Assn, v. Refrigerator Co., 127 Mo. 499. (2) The continuance of the motion in arrest did…
1Opinion of the CourtGoode, J.
This is an action in the nature of trover. The petition alleges that on July 18, 1901, at Steele, Illinois, there was delivered to defendant as a common carrier, 1,935 cases of matches in good condition, belonging to plaintiff and, in consideration of certain freight charges paid to the defendant, said matches were to be transported by it from Steele to the city of St. Louis, Missouri, and at the latter place delivered to plaintiff, or its agent, in as good condition as when received; that the defendant failed and neglected to deliver said property to plaintiff in as good condition as when…
2Cases cited8 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State v. LarewSupreme Court of Missouri · 1905
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
- Gray v. RussellCourt of Appeals of Texas · 1906
- Hall v. NeesIllinois Supreme Court · 1862
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3Cited by1 opinion
- State ex rel. Winsor v. TaylorMissouri Court of Appeals · 1908