Legal Opinion

Ziefle v. Seid

Supreme Court of Missouri

Decided February 9, 1897PublishedCited by 4 opinions

Appeal from Livingston Circuit Court. — Hon. E. J. ' Broaddus, Judge. (1) To appeal under section 2253, Revised Statutes 1889, the certified copy of judgment and record entries and order granting appeal, must be filed in the office of the clerk of the supreme court fifteen days before the first day of the return term. Rodney v. Bryne, 1 Mo. 742; Boggs v. Ins. Co., 31 Mo. 499; Caldwell v. Hawkins, 46 Mo. 263; In re Drake Estate, 7 Mo. App. 512; Ellis v. Wyett, 10 Mo.

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Appeal from Livingston Circuit Court. — Hon. E. J. ' Broaddus, Judge. (1) To appeal under section 2253, Revised Statutes 1889, the certified copy of judgment and record entries and order granting appeal, must be filed in the office of the clerk of the supreme court fifteen days before the first day of the return term. Rodney v. Bryne, 1 Mo. 742; Boggs v. Ins. Co., 31 Mo. 499; Caldwell v. Hawkins, 46 Mo. 263; In re Drake Estate, 7 Mo. App. 512; Ellis v. Wyett, 10 Mo. App. 580; Kumwick v. Castleman, 21 Mo. App. 592; Snyder -v. Free, 102 Mo. 325; Thompson v,. Allen, 107 Mo. 479; R. S. 1889, sec.…

1Per curiam

(Baeclay, P. J., and Macfaelane, Robinson, and Brace, JJ). — Defendant has moved to affirm, because the certificate of judgment and appeal (filed by appellant in the supreme court under section 2253) was fiied too late.

The facts on that point are as follows:

December 6, 1894, appeal allowed.

January 20, 1895, bill of exceptions filed.

August 29,1895, certified copies of judgment, etc., filed in supreme court.

November 18, 1896, service on defendant of plaintiffs’ abstract of record.

December 15,1896, motion by defendant to affirm.

The motion to affirm was at first overruled, but a rehearing on that…

2Cases cited4 opinions

  1. Little v. HarringtonSupreme Court of Missouri · 1880
  2. Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
  3. Banse v. TateMissouri Court of Appeals · 1895
  4. Stanley v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876

3Cited by4 opinions

  1. Gaar-Scott & Co. v. NelsonMissouri Court of Appeals · 1912
  2. Kenner v. Doe Run Lead Co.Supreme Court of Missouri · 1897
  3. Stogsdill v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1935
  4. McCollister v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1908

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