Scott v. Scott
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The writ of error in this case, which was dated on March 22, 1890, was not issued within sixty days after the judgment for divorce was rendered, which was on January 18, 1890. And this court is prohibited by statute from either reversing, annulling or modifying said judgment. R. S. 1889, secs. 4510, 2275; Judge v. Judge, 38 Mo. 159; Salisbury v. Salisbury, 92 Mo. 683; Childs v. Childs, 11 Mo.
Read the full summary
Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The writ of error in this case, which was dated on March 22, 1890, was not issued within sixty days after the judgment for divorce was rendered, which was on January 18, 1890. And this court is prohibited by statute from either reversing, annulling or modifying said judgment. R. S. 1889, secs. 4510, 2275; Judge v. Judge, 38 Mo. 159; Salisbury v. Salisbury, 92 Mo. 683; Childs v. Childs, 11 Mo. App. 395; Nave v. Nave, 28 Mo. App. 505; Ham v. Schools, 34 Mo. 181, Banlc v. Reilly, 8 Mo. App. 544; Freeman on Judgments, secs.…
1Opinion of the CourtEllison, J.
Before entering into the merits of this
action we will dispose of a motion of an important nature which has been filed by the plaintiff who obtained the judgment below granting him a divorce from defendant. This judgment appears in the record as having been written on the day the finding was made. Defendant filed a motion for new trial on January 22, which was within four days after the finding against her. The court took this motion under advisement until January 31, when it was overruled. Thereupon, within sixty days from the time of overruling the motion for new trial, but more than sixty…
2Cases cited5 opinions
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Nave v. NaveMissouri Court of Appeals · 1888
- St. Louis Domicile & Savings Loan Ass'n v. AugustinMissouri Court of Appeals · 1876
- Thomas v. ThomasSupreme Court of Missouri · 1876
- Ham v. St. Louis Public SchoolsSupreme Court of Missouri · 1863
3Cited by11 opinions
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
- Conradt v. LepperWyoming Supreme Court · 1904
- Cox v. Frank L. Schaab Stove & Furniture Co.Supreme Court of Missouri · 1933
- Davis v. DavisMissouri Court of Appeals · 1895
- Moliter v. Wabash RailroadMissouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.