Flannery v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Certified from Kansas City Court of Appeals on Division of Opinion in that Court. The defect in the transcript, which made the occasion for certifying the case, was not known by counsel on either side till after the hearing of the appeal, and after the opinion of the majority reversing the judgment was written, filed and published. It was unknown by that majority until after the opinion was written.
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Certified from Kansas City Court of Appeals on Division of Opinion in that Court. The defect in the transcript, which made the occasion for certifying the case, was not known by counsel on either side till after the hearing of the appeal, and after the opinion of the majority reversing the judgment was written, filed and published. It was unknown by that majority until after the opinion was written. In the court of appeals, respondent’s counsel did not complain or suggest a diminution of the record, nor ask that the case be stricken from the docket. So far as we know, he has not claimed, and…
1Opinion of the CourtBrace, J.
At the March term, 1886, of the Kansas City court of appeals, a decision was rendered in this case reversing the judgment of the circuit court of Platte county (23 Mo. App. 120), wherein one of the judges of said court sitting in the case delivered a-dissenting opinion in which he says: “In this case, what purports to be a bill of exceptions has been considered by a majority of the court as a bill of exceptions proper, because it has been so considered by the counsel on either side. The fact is, the paper purporting to be a bill of exceptions is not signed by the judge of the trial court, and…
2Cases cited5 opinions
- Disse v. FrankSupreme Court of Missouri · 1873
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Flannery v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Snyder v. HopkinsSupreme Court of Missouri · 1867
- State v. JonesSupreme Court of Missouri · 1875
3Cited by3 opinions
- Craig v. ScudderSupreme Court of Missouri · 1889
- Eliot v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1907
- Scott v. HowardMissouri Court of Appeals · 1890