Murphy v. Lorwood Cooperage Co.
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge.. (1) The affidavit showing appellant’s inability to get bill of exceptions signed and that exceptions were made to action of the court in overruling motion for new trial is sufficient to warrant the court in trying the whole case.
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Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge.. (1) The affidavit showing appellant’s inability to get bill of exceptions signed and that exceptions were made to action of the court in overruling motion for new trial is sufficient to warrant the court in trying the whole case. State v. Feely, 194 Mo. 315. (1) The bill of exceptions in this case is not for review before this court for the reason that it fails to show that appellant excepted to the action of the court in overruling the motion for. a new trial. Dan-forth v. Railroad, 123 Mo. 196; R. S. 1909, Sec. 2028 ;…
1Opinion of the CourtReynolds, P. J.
This action, brought in the circuit court of New Madrid county, seeks the recovery of a balance claimed to be due from defendant to plaintiff on the sale of certain timber then standing on lands in that county, to be cut into logs by plaintiff and the logs to be delivered at a price designated f. o. b. cars at a .railroad switch in the county, it being charged that the amount was due when the logs were loaded by plaintiff on the cars at that place. It is averred that plaintiff cut and hauled a designated number of feet of the timber as described into logs, and loaded the logs on cars as…
2Cases cited5 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HarriettTexas Supreme Court · 1891
- State v. FeeleySupreme Court of Missouri · 1906
- State v. DeMosseSupreme Court of Missouri · 1889
- State v. JonesSupreme Court of Missouri · 1890
- Parsons v. John L. Clark & Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- Hicks v. Metropolitan Life InsuranceMissouri Court of Appeals · 1916
- Hartford Fire Ins. Co. v. FrenchSupreme Court of Oklahoma · 1935