Ancell v. City of Cape Girardeau
Supreme Court of Missouri
Appeal from Second District Court. I. No motion in the Circuit Court for a new trial was required, for it is never allowed to urge, in a motion in arrest, the same matters passed upon by the demurrer.- (7 Mo. 298.) Would not the same reason dispense with a motion for a new trial ? A demurrer is the pleading of a defendant, made so by statute, and is therefore a part of the record proper; and from a final judgment on a demurrer an appeal will lie, without either a motion in…
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Appeal from Second District Court. I. No motion in the Circuit Court for a new trial was required, for it is never allowed to urge, in a motion in arrest, the same matters passed upon by the demurrer.- (7 Mo. 298.) Would not the same reason dispense with a motion for a new trial ? A demurrer is the pleading of a defendant, made so by statute, and is therefore a part of the record proper; and from a final judgment on a demurrer an appeal will lie, without either a motion in arrest or for new trial. (Leimer v. Pacific R.R., 26 Mo. 27.) H. The demurrer is too large. If the city of Cape Girardeau…
1Opinion of the CourtCuRRiER, Judge
The plaintiff sues to recover damages for an alleged false imprisonment. The defendants joined in a demurrer to the petition. The demurrer was sustained, and judgment was entered in favor of all the defendants. The plaintiff thereupon took his appeal without moving for a new trial.
I. The error complained of in the proceedings of the Circuit Court is not shown by a bill of exceptions, but appears upon the face of the record proper. In such cases no motion for a new trial is necessary. (Hann. & St. Jo. R.R. Co. v. Mahoney, 42 Mo. 467.)
*822. The demurrer was based upon the theory that the petition…
2Cases cited3 opinions
- Hannibal & St. Joseph Railroad v. MahoneySupreme Court of Missouri · 1868
- Corby v. CorbySupreme Court of Missouri · 1884
- Shaw v. JayneNew York Supreme Court · 1849
3Cited by2 opinions
- Bevin v. PowellMissouri Court of Appeals · 1881
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907