Farrar v. Finney
Supreme Court of Missouri
Appeal from St. Louis Circuit Court sitting in Chancery. There was a motion made by the respondents in this cause, after a joinder in error, to strike out the bill of exceptions, allowed and signed by the judge, on the ground that it had been allowed and signed out of time, against the objections of the defendants, the present respondents.
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Appeal from St. Louis Circuit Court sitting in Chancery. There was a motion made by the respondents in this cause, after a joinder in error, to strike out the bill of exceptions, allowed and signed by the judge, on the ground that it had been allowed and signed out of time, against the objections of the defendants, the present respondents. All the facts bearing upon the said motion sufficiently appear in the opinion of the court. cited, in support of the motion to strike out the bill of exceptions, Consaul v. Lid-dell, 7 Mo. 250. Pomer.oy v. Selmes, 8 Mo. 727. Scott y. Bird, 9 Mo. 149.…
1Opinion of the CourtRyland, Judge
Finney and others, the respondents here, filed their motion to-strike out the bill of exceptions from the record of the proceedings in the case, because the bill of exceptions was not prepared, presented or signed in proper time ; but was prepared, presented and signed out of time, and against the remonstrance of the defendants.
This motion was filed 29th March, 1854, and was sustained. On the 15th of April, 1854, being at the same term of the court, the appellants’ counsel moved the court to rescind the order made on respondents’ motion to strike out the bill of exceptions and reinstate the…
2Cases cited4 opinions
- Consaul v. LidellSupreme Court of Missouri · 1841
- Pomeroy v. SelmesSupreme Court of Missouri · 1844
- Hassinger v. PyeSupreme Court of Missouri · 1846
- Scott v. BurdSupreme Court of Missouri · 1845