Mockler v. Skellett
Missouri Court of Appeals
Error to the St. Louis City Circuit Court. — Hon. James A. Seddon, Judges, It is contended that no bill of exceptions having been filed, and the motions themselves thereby made part of the record (the only method by which in the case at bar they could be made' such), and no exceptions to the action of the court upon them taken or saved, neither said motions, nor the action of the court thereon, are open to review here.
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Error to the St. Louis City Circuit Court. — Hon. James A. Seddon, Judges, It is contended that no bill of exceptions having been filed, and the motions themselves thereby made part of the record (the only method by which in the case at bar they could be made' such), and no exceptions to the action of the court upon them taken or saved, neither said motions, nor the action of the court thereon, are open to review here. Jefferson City v. Opel, 67 Mo. 394-5 ; Christy's Adm'r v. Myers, 21 Mo. 112, 113, 114; U. S. v. Gamble, 10 Mo. 457,' 459. That after the expiration of the term of court in…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace. The plaintiff had judgment before the justice, and the defendant appealed to the circuit court. The judgment was rendered by the justice on September 5, 1887. The appeal was granted by the justice on September 6, 1887. At the December term, 1887, of the circuit court, the judgment of the justice was affirmed on motion of the plaintiff. On a later day of the same term the court set aside the judgment of affirmance. Still later during the same term another motion to affirm the judgment was submitted to the court and overruled. At the…
2Cases cited4 opinions
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
- Bevin v. PowellMissouri Court of Appeals · 1881
- Greene County ex rel. Baker v. WilhiteMissouri Court of Appeals · 1889
3Cited by7 opinions
- Smith v. Kansas CitySupreme Court of Missouri · 1895
- School District Number 4 v. HolmesMissouri Court of Appeals · 1893
- In re GardnerMissouri Court of Appeals · 1890
- Lloyd v. ThurmanMissouri Court of Appeals · 1897
- Reitz v. PattonMissouri Court of Appeals · 1898
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