B. S. Williams & Co. v. Kitchen
Missouri Court of Appeals
Error to the Stoddard Circuit Court. — Hon. John Gr. Wear, Judge. The points made by defendant in error in regard to the bill of exceptions are not well taken. The recital of the record that the bill of exceptions was filed is sufficient, if it was then signed by the judge under the act of 1885. The filing of a paper is the actual delivery to the clerk. Grulobs v. Cones, 57 Mo. 83. The seal of the judge is not required.
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Error to the Stoddard Circuit Court. — Hon. John Gr. Wear, Judge. The points made by defendant in error in regard to the bill of exceptions are not well taken. The recital of the record that the bill of exceptions was filed is sufficient, if it was then signed by the judge under the act of 1885. The filing of a paper is the actual delivery to the clerk. Grulobs v. Cones, 57 Mo. 83. The seal of the judge is not required. Acts of 1885. (1) The writ of error is sued out in the name of a firm, which invalidates it. A judgment in favor of plaintiffs in error as a firm would be erroneous. Fowler v.…
1Opinion of the CourtRombauer, P. J.
This cause was here formerly on appeal, and is reported in 40 Mo. App. 604. We dismissed the appeal, because the record failed to show that an appeal had ever been allowed in the case, whereupon the plaintiff upon our suggestion has brought the case here by writ of error.
The error assigned is that, upon the conceded facts of the case, the plaintiff was entitled to judgment as a matter of law. The suit is upon a promissory note, the .execution whereof is not denied ; nor is any defense whatever interposed, except that it was one of two notes given in the same transaction, maturing at different…
2Cases cited9 opinions
- Pope v. ThomsonSupreme Court of Missouri · 1877
- Fowler & Wild v. WilliamsSupreme Court of Missouri · 1876
- Fulkerson v. HoutsSupreme Court of Missouri · 1874
- Davis v. KlineSupreme Court of Missouri · 1882
- Johnson v. HodgesSupreme Court of Missouri · 1877
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3Cited by1 opinion
- Bowen v. BucknerMissouri Court of Appeals · 1913