Greene County ex rel. Baker v. Wilhite
Missouri Court of Appeals
Appeal from the Oreene Circuit Court. — Hon. W. D. Hubbard, Judge. It was the duty of the judge to sign or refuse to sign the bill of exceptions when presented to him (R. S. 3637), but having done neither, but promised to sign them, appellants could not therefore have bystanders sign, as the judge promised to sign.
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Appeal from the Oreene Circuit Court. — Hon. W. D. Hubbard, Judge. It was the duty of the judge to sign or refuse to sign the bill of exceptions when presented to him (R. S. 3637), but having done neither, but promised to sign them, appellants could not therefore have bystanders sign, as the judge promised to sign. Appellants, therefore, had the right to move the order that they did, and to file affidavits showing the facts as to whv the bill had not been before filed, and it was error for the judge of the court, who had before this said, “I will stick you if I can,” and when he had refused…
1Opinion of the CourtThompson, J.
The circuit court of Greene county at its November term, 1887, entered in this case the following final judgment: “At this day come the parties hereto by their respective attorneys, and the motion heretofore filed by the defendant, to dismiss this suit on account of the failure of the parties to give good and sufficient security for costs herein, as required by the rule and order of this court, being now seen and heard and fully considered by this court, is sustained. It is therefore considered and adjudged by the court that this suit be now dismissed; that plaintiffs take nothing by virtue…
2Cases cited10 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Bevin v. PowellMissouri Court of Appeals · 1881
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
- Hatcher v. MooreSupreme Court of Missouri · 1872
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3Cited by4 opinions
- Calhoun v. GrayMissouri Court of Appeals · 1910
- Webster v. SpindlerMissouri Court of Appeals · 1889
- Mockler v. SkellettMissouri Court of Appeals · 1889
- State ex rel. Rowan v. Cape Girardeau Water Works & Electric Light Co.Missouri Court of Appeals · 1898