Riley v. Sherwood
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The plaintiffs -were entitled to a re-trial of the case below, and to produce evidence in addition to that offered at the former trial in support of their petition.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The plaintiffs -were entitled to a re-trial of the case below, and to produce evidence in addition to that offered at the former trial in support of their petition. Crispen v. Hannovan, 86 Mo. 160; Lewis v. Railroad, 59 Mo. 495; Railroad v. Brown, 43 Mo. 294; Carson v. Sugget, 34 Mo. 364; State ex rel. v. St. Louis Circuit Court, 41 Mo. 574; State v. New-kirk, 49 Mo. 472. It follows, therefore, that the lower court erred in rendering the judgment now appealed from. To hold otherwise would be to deny to plaintiffs their right of…
1Opinion of the Court
*40ON REHEARING.
BURGESS, J.
In an opinion filed, by us in this case on January 22, 1900, we held that, for failure of appellants to comply with the rules of this court by filing a complete abstract of the record, the appeal being by what is called the “short form,” under the provisions of section 2253, Revised Statutes 1889, the judgment should be affirmed, which was accordingly done. Plaintiffs now present a motion for rehearing on that ruling, and upon reconsideration we are satisfied that we erred in affirming the judgment upon the ground stated in the opinion, and that the only course open to…
2Cases cited2 opinions
- Riley v. SherwoodSupreme Court of Missouri · 1898
- Atkison v. DixonSupreme Court of Missouri · 1879
3Cited by3 opinions
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1906
- Citizens National Bank v. DonnellSupreme Court of Missouri · 1906
- Lawson v. SpencerMissouri Court of Appeals · 1901