Legal Opinion

City of St. Louis v. Boyce

Supreme Court of Missouri

Decided November 19, 1895PublishedCited by 14 opinions

Appeal from St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. The exceptions of the defendant Boyce were overruled on January 4, 1893. On January 9 she fiied a motion a new trial in respect to the court’s action on the exceptions — a wholly nugatory act, inasmuch as the action of the court on the exceptions was not a final judgment.

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Appeal from St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. The exceptions of the defendant Boyce were overruled on January 4, 1893. On January 9 she fiied a motion a new trial in respect to the court’s action on the exceptions — a wholly nugatory act, inasmuch as the action of the court on the exceptions was not a final judgment. This so-called motion for new trial was overruled on March 8, 1893, and on the same day the defendant Boyce filed her bill of exceptions in the case, and the court allowed and signed the same. This was at the February term, 1893, of the court. At the…

1Opinion of the CourtSheewood, J.

The city instituted this proceeding to condemn certain property in order to open Allen avenue, under ordinance 15,667. The commissioners brought in their report, and defendant filed exceptions thereto. These exceptions were overruled on January 4, 1893, during the December term. Within four days thereafter, defendant filed her motion for a new trial. On the next term in February of that year, to wit, on March 8, the motion for a new trial was overruled and defendant immediately filed her bill of exceptions, and at the next term, to wit, on April 15, judgment was rendered against the…

2Cases cited4 opinions

  1. Welsh v. City of St. LouisSupreme Court of Missouri · 1880
  2. Richmond's v. Wardlaw & PogueSupreme Court of Missouri · 1865
  3. Moran v. JanuarySupreme Court of Missouri · 1873
  4. Long v. TowlSupreme Court of Missouri · 1867

3Cited by14 opinions

  1. Hill v. CombsMissouri Court of Appeals · 1902
  2. Schneider v. PattonSupreme Court of Missouri · 1903
  3. Richardson v. Schuyler County Agricultural & Mechanical Ass'nSupreme Court of Missouri · 1900
  4. St. Louis Law Printing Co. v. AufderheideMissouri Court of Appeals · 1932
  5. Gibson v. McLaneArizona Supreme Court · 1915

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