Puller v. Thomas
Missouri Court of Appeals
• Appeal from Greene Circuit Court. — Hon. W. D. ■ Hubbard, Judge. On the first assignment of errors we urge that as the defendant’s answer is a general denial only, it would not authorize a verdict assessing the value of the goods, the defendant,not having the possession.
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• Appeal from Greene Circuit Court. — Hon. W. D. ■ Hubbard, Judge. On the first assignment of errors we urge that as the defendant’s answer is a general denial only, it would not authorize a verdict assessing the value of the goods, the defendant,not having the possession. R. S., sec. 3854; Young v. Glasscock, 79 Mo. 574. As to the second error, we maintain that it was error to render judgment for the entire property or its value, for the defendant held only a lien as constable in favor of creditors, and was only entitled to so much of the property, or so much of its value as would be…
1Opinion of the CourtBiggs, J.
In disposing of the appeal in this case, we can only, review matters arising upon the record proper. There is no bill of exceptions in the case. The clerk has copied into the transcript what purports to be a bill of exceptions, but it does not appear that the original was authenticated by the signature of the trial judge. The only evidence that this paper is a part of the record, is the certificate of the clerk immediately preceding it, as follows: “ Now comes the said plaintiff, by his attorney, and presents his bill of exceptions in this cause, and the same, after being duly examined by the…
2Cases cited1 opinion
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
3Cited by7 opinions
- Stroud v. MortonMissouri Court of Appeals · 1897
- Anthony v. CarpCourt of Appeals of Kansas · 1901
- Cable v. DukeSupreme Court of Missouri · 1907
- Monroe City Bank v. FinksMissouri Court of Appeals · 1890
- Proffer v. MillerMissouri Court of Appeals · 1897
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