Wilson v. Deweese
Missouri Court of Appeals
Error to Pettis Circuit Court. — Hon. Louis Hofmwn, Judge. Piled argument on merits. (1) No bill of exceptions was filed at the term at which the issue as to Andrew G. Deweese was tried, nor was leave taken to file such bill at any time thereafter. It was too late at the October term, 1905, to file a bill of exceptions as to matter which occurred at a trial during the October term, 1902. The court must pass upon the case upon the record proper as before it.
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Error to Pettis Circuit Court. — Hon. Louis Hofmwn, Judge. Piled argument on merits. (1) No bill of exceptions was filed at the term at which the issue as to Andrew G. Deweese was tried, nor was leave taken to file such bill at any time thereafter. It was too late at the October term, 1905, to file a bill of exceptions as to matter which occurred at a trial during the October term, 1902. The court must pass upon the case upon the record proper as before it. R. S. 1899, sec. 728; Pace v. Shoe Co., 103 Mo. App. 668; Simpson v. Scroggins, 182 Mo. 575; State v. Jacobs, 39 Mo. App. 125; Paving Co.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is founded on a promissory note alleged to have been executed by defendants C. E. Burbank, Mary L. Burbank, W. T. Deweese, and A. G. Deweese. The cause was dismissed as to the two Burbanks for the reason that they had not been served with summons.
The defendant W. T. Deweese answered that he had filed an application in the United States- Court asking to be adjudged a bankrupt and further asking that the proceeding against him be stayed a year or until his application under the bankrupt law be determined.
The defendant A. G. Deweese filed an answer under oath denying that he…
2Cases cited4 opinions
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Pace v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1903
- Simpson v. ScrogginsSupreme Court of Missouri · 1904
- State v. JacobsMissouri Court of Appeals · 1890
3Cited by1 opinion
- Fendrich v. BurressMissouri Court of Appeals · 1908