Legal Opinion

Lipperd v. Estate of Lipperd

Missouri Court of Appeals

Decided February 3, 1914PublishedCited by 5 opinions

Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The court erred in refusing to sustain defendant’s motion requiring the Schuyler county circuit clerk to send up amended transcript and the original papers, including the original demand, in the cause. R. S. of Mo. 1909, secs. 1934, 1939; Becker v. Lincoln Real Estate & B. Co., 118 Mo.

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Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The court erred in refusing to sustain defendant’s motion requiring the Schuyler county circuit clerk to send up amended transcript and the original papers, including the original demand, in the cause. R. S. of Mo. 1909, secs. 1934, 1939; Becker v. Lincoln Real Estate & B. Co., 118 Mo. App. 74. (2) The court erred in requiring defendant, over his objection, to go to trial of the cause without the original account, cause of action, having been sent np from Schuyler county circuit court, without it being on file or in court,…

1Opinion of the CourtReynolds, P. J.

(after stating the facts). — The case is here on a very full abstract of the record, practically the whole record, including the record proper as well as the bill of exceptions, covering some 206-pages.

The learned counsel for appellant, while making no formal assignment of errors, present 20 points upon which they rely for a reversal of this ease, a great array of authorities being cited, which are claimed to-support the various propositions advanced by these counsel. We.do -not think any public good is to be promoted by takin'g up and considering each one of the points as made separately and…

2Cases cited3 opinions

  1. Hyde v. HoniterMissouri Court of Appeals · 1913
  2. Waltemar v. Schnick's EstateMissouri Court of Appeals · 1903
  3. Wood v. FlaneryMissouri Court of Appeals · 1901

3Cited by5 opinions

  1. Buckingham Hotel Co. v. KimberlyMississippi Supreme Court · 1925
  2. Wharton v. DenbyMissouri Court of Appeals · 1927
  3. Owens v. Estate of SavilleSupreme Court of Missouri · 1966
  4. Coffey v. DurandCourt of Appeals of Tennessee · 1940
  5. Coffey v. DurandCourt of Appeals of Tennessee · 1940

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