State ex rel. Rogers v. Gage Bros. & Co.
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Upon the amendment of the petition in this cause, a continuance should have been granted the defendants. Petition in abstract of record, pp. 2, 3; affidavit in abstract of record, pp. 5, 6; Lumkinv.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Upon the amendment of the petition in this cause, a continuance should have been granted the defendants. Petition in abstract of record, pp. 2, 3; affidavit in abstract of record, pp. 5, 6; Lumkinv. Collier, 69 Mo. 170; Parker v. Bliodes, 79 Mo. 88; Scovill v. Glasner, 79 Mo. 449. (2) The verdict in this case is not the verdict actually agreed upon by the jury as is shown by their affidavit in support of the motion for new trial. Balrymple v. Williams, 63 N. Y. 361; Noah v. Dickerson, 15 Johns. 309; Thomas v. Chapman, 45…
1Opinion of the Court
ON MOTION TO AHSTBM.
Ellison, J.
We are asked to affirm the judgment in this cause. The appeal was taken on November 19, 1891, and time for filing bill of exceptions was extended to February 5, 1892.
Before this time expired another extension to February 15 was granted. The bill was filed within this time, and the cause was, therefore, returnable to the March term of this court. But the clerk of the circuit court, did not get the transcript made out in time to reach this court for the March term; and he did not, of course, notify appellants or appellants’ counsel of record of the completion of…
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- Orscheln v. ScottMissouri Court of Appeals · 1899
- State ex rel. First National Bank v. Seavey & FlarsheimMissouri Court of Appeals · 1909
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