Dixon v. Thomas
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. Nat M. Shelton,. Judge. Eiled brief on merits. (1) Appellant complains of tbe action of tbe court in admitting testimony of damages on tbe statement and that tbe court did not sustain bis demurrer to tbe evidence of plaintiff, and yet in bis abstract be utterly fails to set out the statement or any part thereof; be only prints and produces to this court excerpts of tbe evidence. This complaint can not be beard.
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Appeal from Macon Circuit Court. — Hon. Nat M. Shelton,. Judge. Eiled brief on merits. (1) Appellant complains of tbe action of tbe court in admitting testimony of damages on tbe statement and that tbe court did not sustain bis demurrer to tbe evidence of plaintiff, and yet in bis abstract be utterly fails to set out the statement or any part thereof; be only prints and produces to this court excerpts of tbe evidence. This complaint can not be beard. Tbe statement did charge damages and there was an abundance of evidence to sustain tbe finding of tbe court, as is shown by tbe small abstract…
1Opinion of the CourtSmith, P. J.
— This is an action of replevin. The appeal will have to be dismissed since tbe defendant has utterly failed to file an abstract of tbe record as required by our rule 15. It is true be has filed a book entitled “Statement” which doubtless meets tbe requirement of tbe statute (R. S., see. 863). But a statement is not an abstract and tbe filing of tbe one does not meet tbe requirement for filing tbe other.
Tbe defendant in his statement informs us that in tbe trial court be interposed a demurrer to tbe plaintiff’s evidence and that the adverse ruling thereon by that court is assigned as one of…
2Cases cited1 opinion
- Jackson v. Wabash Railway Co.Missouri Court of Appeals · 1900
3Cited by3 opinions
- Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
- Calkins v. EngleMissouri Court of Appeals · 1927
- Gorka v. GorkaMissouri Court of Appeals · 1927