Thaler v. Niedermeyer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Wilson A. Taylor, Judge. (1) A bill of exceptions, like any other part of the record, may be amended nunc pro time upon evidence furnished by the “papers and files in the cause, or something of record or in the minute book or judge’s docket as a basis to amend by.” Cambie v. Daugherty, 71 Mo. 599; Young v. Young, 165 Mo. 624; Becher v. Deuser, 169 Mo. 165; Callier v. Railroad, 158 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Wilson A. Taylor, Judge. (1) A bill of exceptions, like any other part of the record, may be amended nunc pro time upon evidence furnished by the “papers and files in the cause, or something of record or in the minute book or judge’s docket as a basis to amend by.” Cambie v. Daugherty, 71 Mo. 599; Young v. Young, 165 Mo. 624; Becher v. Deuser, 169 Mo. 165; Callier v. Railroad, 158 Mo. App. 249. (2) The record proper in this case, in the very face of the judgment written by the clerk at the time, shows the exception. The exception was also shown…
1Opinion of the CourtAllen, J.
This is an appeal from an order overruling a motion to amend a bill of exceptions nunc pro tunc. The action was one for fraud and deceit *253growing ont of a real estate transaction. The court compelled a nonsuit, but upon plaintiff’s motion, the same was set aside as to two- of the defendants, and the latter appealed. The defendants’ bill of exceptions was, on August 30,1912, duly allowed, signed and filed and made a part of the record. Such bill of exceptions showed no exception saved by plaintiff to the action of the trial court in giving peremptory instructions compelling the nonsuit; and on…
2Cases cited8 opinions
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Missouri, Kansas & Eastern Railway Co. v. HolschlagSupreme Court of Missouri · 1898
- State v. LibbySupreme Court of Missouri · 1907
- Becher v. DeuserSupreme Court of Missouri · 1902
- Coy v. LandersMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Holtkamp v. Hartmann.Supreme Court of Missouri · 1932
- American Surety Co. of New York v. MosherArizona Supreme Court · 1936
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Budde v. United States Incandescent Lamp Co.Missouri Court of Appeals · 1916
- Ferguson v. BakerMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.