Ryan v. Growney
Supreme Court of Missouri
Appeal from, Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. Plaintiff instituted this equitable proceeding in order to obtain the canceling of a deed made to the defendant of a certain fractional interest in a tract of land, the consideration paid therefor being $100. The petition charges that the deed in question was obtained by defendant taking advantage of plaintiff’s infancy (he being then under twenty-one years of age), and contriving to defraud and overreach him,…
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Appeal from, Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. Plaintiff instituted this equitable proceeding in order to obtain the canceling of a deed made to the defendant of a certain fractional interest in a tract of land, the consideration paid therefor being $100. The petition charges that the deed in question was obtained by defendant taking advantage of plaintiff’s infancy (he being then under twenty-one years of age), and contriving to defraud and overreach him, persuaded him to execute and deliver to defendant the deed aforesaid, which defendant immediately put to record; that…
1Opinion of the CourtSherwood, J.
It ought to be regarded as settled in this state, that without a bill of exceptions there can be no such thing as a motion for a new trial or a motion in arrest. The preservation of these motions is the special and exclusive office of the bill of exceptions. They can be preserved noivhere else; that is sole repository of such motions. No recital by the clerk in the record proper will have any such preservative effect. Nichols v. Stevens, 123 Mo. 96. This holds good of all motions made for finding of facts as provided by statute, the only exception being, that motions which constitute…
2Cases cited18 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- State v. GilmoreSupreme Court of Missouri · 1892
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Nichols v. StevensSupreme Court of Missouri · 1894
- State v. GriffinSupreme Court of Missouri · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- State v. ClarkSupreme Court of Missouri · 1898
- International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Merrick v. StephensMissouri Court of Appeals · 1960
14 more not listed; retrieve them via the Exa API.