Chouteau v. Allen
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. D. L. Hawkins, Judge. Eor the report of this case when it was in the Supreme Court before, see 70 Mo. 290. The circuit court erred, in allowing Allen to file an amended answer in 1880. Bryan v. Berry, 8 Cal. 130; MeGlaughlin v. O'Rourke, 12 Iowa 459; Levi v. Karrick, 15 Iowa 444; Suggs v. Suggs, 1 Overt. (Term.) 2; Furber v. Carter,2 Sneed 1; Helm v. Boone, 6 J. J. Marsh. 351; State v. Judge? 11 La.
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Appeal from Mississippi Circuit Court. — Hon. D. L. Hawkins, Judge. Eor the report of this case when it was in the Supreme Court before, see 70 Mo. 290. The circuit court erred, in allowing Allen to file an amended answer in 1880. Bryan v. Berry, 8 Cal. 130; MeGlaughlin v. O'Rourke, 12 Iowa 459; Levi v. Karrick, 15 Iowa 444; Suggs v. Suggs, 1 Overt. (Term.) 2; Furber v. Carter,2 Sneed 1; Helm v. Boone, 6 J. J. Marsh. 351; State v. Judge? 11 La. Ann. 728; Foster v. Rucker, 26 Mo. 494; Stewart v. Stringer, 41 Mo. 400. These authorities show that the appeal of Chouteau in 1875 removed the entire…
1Per curiam
Our statute provides that in appeals or writs of error, the Supreme Court shall examine the record and “ award anew trial; reverse or affirm the judgment or decision of the circuit court, or give such judgment as said court ought to have given, as to them shall seem agreeable to law.” R. S. 1879, § 3776. And it is further provided that the Supreme Court, “ upon the determination of any cause in appeal or error, may award execution to carry the same into effect, or may remit the record, with *59their decision thereon, to the court from whence the cause came, and. such determination shall he…
2Cases cited2 opinions
- Hurck v. ErskineSupreme Court of Missouri · 1872
- Shroyer v. NickellSupreme Court of Missouri · 1878
3Cited by28 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Stump v. HornbackSupreme Court of Missouri · 1891
- Patten Paper Co. v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1896
- Tourville v. Wabash RailroadSupreme Court of Missouri · 1899
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