Jackson v. Ferguson
Missouri Court of Appeals
Appeal from the Madison Circuit Court. — Hon. James D. Fox, Judge. The record does not show that motion for a new trial was filed within four days after judgment, that it was overruled and the action of the court excepted to by appellant. R. S. 1889, see. 2243; Hohstadt v. Daggs, 49 Mo. App. 158; Welch v. R’y Co., 62 Mo.
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Appeal from the Madison Circuit Court. — Hon. James D. Fox, Judge. The record does not show that motion for a new trial was filed within four days after judgment, that it was overruled and the action of the court excepted to by appellant. R. S. 1889, see. 2243; Hohstadt v. Daggs, 49 Mo. App. 158; Welch v. R’y Co., 62 Mo. App. 57. As the record or transcript fails to show that appellant objected and excepted to the action of the court in overruling’ motion for a new trial, if it was overruled, there is no record in this cause to be considered, except the record proper. Danforth v. R’y Co., 123…
1Opinion of the CourtBond, J.
Plaintiff sues the defendant upon a promissory note executed by him to E. E. Jackson for the sum of $1,000. It is alleged in one count of the petition that by inadvertence and mutual mistake E. E. Jackson was made the payee of said note, when in point of fact it should have been made payable to plaintiff, and a reformation is prayed. It is alleged in another count of the petition that the note was duly assigned to plaintiff by E. E. Jackson. After praying for a reformation plaintiff also sought to recover judgment for the amount of the note. Defendant admitted the execution of the note,…
2Cases cited6 opinions
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- State ex rel. Estes v. GaitherSupreme Court of Missouri · 1883
- Wilson v. HaxbySupreme Court of Missouri · 1882
- Mcirvine v. ThompsonSupreme Court of Missouri · 1884
- Hohstadt v. DaggsMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- State v. BrownSupreme Court of Missouri · 1907
- Lucas v. HuffMissouri Court of Appeals · 1902