Kirby v. Heaton

The Springfield Court of Appeals having rendered in this cause a decision which all the judges therein sitting deemed contrary to a previous decision of the St. Louis Court of Appeals, rendered in the case of Taylor v. Franklin, a memorandum opinion of which appears in 9 Mo. App. 589, this case, in pursuance of constitutional provisions, Constitution of Missouri, was duly certified to this court.

The opinion of the Springfield Court of Appeals rendered in this cause is reported in 253 S. W. p. 21. From a statement of the facts made by Bradley, J., it appears that the appeal is from a judgment…