Legal Opinion

McClellan v. Powell

Supreme Court of Missouri

Decided June 19, 1906PublishedCited by 1 opinion

Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The abstract of the record is very incomplete and is wholly insufficient to enable the appellate court to have a full and complete understanding of the questions presented for review. Eespondents ask that the appeal be dismissed for failure to comply with rule 13 of this court. If this abstract is sufficient, then, indeed, have litigants expended uselessly large sums of money in preparing abstracts heretofore.

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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The abstract of the record is very incomplete and is wholly insufficient to enable the appellate court to have a full and complete understanding of the questions presented for review. Eespondents ask that the appeal be dismissed for failure to comply with rule 13 of this court. If this abstract is sufficient, then, indeed, have litigants expended uselessly large sums of money in preparing abstracts heretofore. Mitchell v. Mitchell, 191 Mo. 475.

1Opinion of the CourtFox, J.

This cause is here by appeal on the part of the plaintiff from a judgment of the circuit court of Pemiscot county, Missouri, in favor of. the defendant.

At the very threshold of the consideration of this case it is manifest that the abstract of record filed by the appellant absolutely fails to comply with the rules of this court. This abstract does not purport to em*496brace the petition as filed in the circuit court of Pemiscot county, but simply undertakes to give the substance of it. The nature and character of the cause of action is thus indicated in the abstract:

“Plaintiff for his cause of…

2Cases cited1 opinion

  1. Mitchell v. MitchellSupreme Court of Missouri · 1905

3Cited by1 opinion

  1. Lawrence County Mutual Telephone Co. v. HopeMissouri Court of Appeals · 1909

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