Guy v. Mayes
Supreme Court of Missouri
Error to Pike Circuit Court. — Hon. R. F. Roy, Judge. On motion to dismiss writ of error. The notice that parties suing out a writ of error are required to serve on the adverse party or his attorney of record, was not given in this ease; in fact no notice of any kind has been given; the writ in this case was returnable to April term, 1896, of this court, and was in fact returned February 15, 1896. Therefore this writ should be dismissed.
Read the full summary
Error to Pike Circuit Court. — Hon. R. F. Roy, Judge. On motion to dismiss writ of error. The notice that parties suing out a writ of error are required to serve on the adverse party or his attorney of record, was not given in this ease; in fact no notice of any kind has been given; the writ in this case was returnable to April term, 1896, of this court, and was in fact returned February 15, 1896. Therefore this writ should be dismissed. R. S. 1889, sec. 2290; Macklin v. Allenberg, 100 Mo. 337; Williams v. Beck, 63 Mo. App. 149; Davenport v. City of Hannibal, 110 Mo. 574.
1Opinion of the CourtBarclay, P. J.
— This case originated in the probate court of Pike county. Plaintiff is the widow of Nimrod *442Guy, deceaséd. Her demand is against Ms estate, which is in charge of the defendant as executor. Her claim is based on a note of the following tenor, viz.: “$10,000. October 14th, 1892.
“One day after date I promise to pay to the order of my wife, Russie E. Guy, ten thousand dollars, for value received, negotiable and payable, without defalcation or discount and with interest from-at the rate of-per cent per annum, and if interest be not paid annually to become as principal and bear the same rate of…
2Cases cited1 opinion
- Kenner v. Doe Run Lead Co.Supreme Court of Missouri · 1897
3Cited by4 opinions
- Smith v. MoseleySupreme Court of Missouri · 1911
- Roberts v. MeekMissouri Court of Appeals · 1927
- Biles, Edwards & Co. v. BeadleMissouri Court of Appeals · 1902
- State Ex Rel. Schuhart v. RoseSupreme Court of Missouri · 1922