Legal Opinion

Farmers Bank v. Gallaher

Missouri Court of Appeals

Decided February 2, 1891Published

Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement of the. case by the court. The plaintiff is a corporation organized under the laws of. the state of Indiana.

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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement of the. case by the court. The plaintiff is a corporation organized under the laws of. the state of Indiana. On the eighteenth day of September, 1889, it filed a petition against the defendant in the circuit court of Johnson county, alleging that on the--day of August, 1886, the defendant, together with one O. L. Garrison and one W. T. Robertson, organized a corporation known as the Montserrat Terra Cotta Company, under the statute in regard to manufacturing and business companies, with a capital stock of $25,000,…

1Opinion

*491ON MOTION FOB BEHEABING.

Gill, J.

Defendant’s counsel asks a rehearing,and, with characteristic persistency, urges again, practically, the same points already made and passed on. It is not the purpose of these motions for rehearing, to let in simply a reargument of the case, but such motions “ must be founded an papers showing clearly that some question, decisive of the cause, and duly presented by counsel in their brief, had been overlooked by the court, or that the decision is in conflict with an express statute, or with a controlling decision to which the attention of the court was not…

2Cases cited4 opinions

  1. Shickle v. WattsSupreme Court of Missouri · 1887
  2. Chouteau, Harrison & Valle v. DeanMissouri Court of Appeals · 1879
  3. Kehlor v. LademannMissouri Court of Appeals · 1882
  4. Hodgson v. CheeverMissouri Court of Appeals · 1880

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