Swainson v. Bishop
Supreme Court of Missouri
Appeal from St. Louis Oircuit Oourt. The bond for costs may be filed in vacation, and has* been even ordered to be filed in vacation, (Brown vs. Ravens-croft, 1 Mo., 397.) Both at Common Law and under the Code the days for filing motions for new trial or in arrest of judgment are judicial or sitting days of court.
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Appeal from St. Louis Oircuit Oourt. The bond for costs may be filed in vacation, and has* been even ordered to be filed in vacation, (Brown vs. Ravens-croft, 1 Mo., 397.) Both at Common Law and under the Code the days for filing motions for new trial or in arrest of judgment are judicial or sitting days of court. (National Bank of &c., vs. Williams, 46 Mo., 18 ; Wash vs. Randolph, 9 Mo., 142; Hale vs. Owen, 2 Salk., 625 ; Long vs. Hughes, 1 Duvall, (Ky.) 387.) And this court has declared that this is the rule in all cases in which papers have to be filed or in which the act is to be…
1Opinion of the Court
. Adams, Judge,
delivered the opinion of the court.
This was an action for false imprisonment brought to the June Term, 1871 of the St. Louis Circuit Oourt.
The defendant filed a motion to rule the plaintiffs to security for costs on the ground that they were insolvent and unable to pay them. This motion, by consent of parties, was *228sustained on the 30th daytff June, 1871, and the court made an order requiring security to be given in thirty days.
On the 4th of December, 1871, the court on motion of defendant dismissed the cause ■ for the reason that the plaintiffs had failed to file security for…
2Cases cited1 opinion
- Clark v. Steamboat Mound CitySupreme Court of Missouri · 1845
3Cited by4 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- State v. BrubakerSupreme Court of Missouri · 1944
- Politte v. EckelkampMissouri Court of Appeals · 1986
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881