Hanne v. Garvey
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Matt. O. Reynolds, Judge. Tlie bill of exceptions, in accordance with the repeated declaration of this court, if not filed within the time allowed by the court will be ignored and the judgment affirmed.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. O. Reynolds, Judge. Tlie bill of exceptions, in accordance with the repeated declaration of this court, if not filed within the time allowed by the court will be ignored and the judgment affirmed. The record discloses that neither the bill of exceptions was filed, signed and allowed within the thirty days allowed, nor was an extension of time within which to file same granted by the court within the thirty days granted on May 25, 1909, in which to file same. The extension of time obtained after the expiration of the time to file the bill…
1Opinion of the CourtWalker, P. J.
-Appeal from the circuit court of the city of St. Louis.
Bill of Exceptions. Untimely Filing. This is an appeal from an interlocutory judgment in partition determining the rights of the parties. Patrick Garvey, one of the defendants, appealed to this court, and the order granting same gave appellant thirty days from May 25, 1909, within which to file his bill of exceptions.
On May 27,1909, the plaintiff filed a motion to set aside the order granting the appeal, and to strike the affidavit and bond therefor from the files, on the ground that an appeal did not lie from an interlocutory judgment…
2Cases cited5 opinions
- Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
- State v. EatonSupreme Court of Missouri · 1905
- Fulkerson v. MurdockSupreme Court of Missouri · 1894
- Priddy v. HayesSupreme Court of Missouri · 1907
- State v. MooreSupreme Court of Missouri · 1907
3Cited by1 opinion
- State ex rel. Combs v. StatenSupreme Court of Missouri · 1916