McKinney v. Wright Lumber Co.
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. The bill of exceptions in this case is signed by three bystanders, respectable inhabitants of this State, who also make affidavit that the bill, as presented is true. This authentication is as valid, as if the bill had been signed, by the trial judge. There is no counter affidavit. State ex rel. v. Field, 37 Mo.
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Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. The bill of exceptions in this case is signed by three bystanders, respectable inhabitants of this State, who also make affidavit that the bill, as presented is true. This authentication is as valid, as if the bill had been signed, by the trial judge. There is no counter affidavit. State ex rel. v. Field, 37 Mo. App. 83. This case was brought to this court under the provisions of section 813. The record on appeal or writ of error under section 813 is never identified by the clerk. State ex rel. v. Castle, 182 Mo. 225. The…
1Opinion of the CourtNortoni, J.
The appeal was perfected to the Supreme Court. That court found itself to 'be without jurisdiction and certified the case here, as will more fully appeal' by reference to McKinney v. Wright Lumber Company, 192 Mo. 32. - An examination of the record discloses the cause to have been instituted in the circuit court of Ripley county. The venue was after-wards changed to the circuit court of Mississippi county, in which court a trial was had resulting in a judgment for the defendant at the October term, 1902. In due time motions for new trial and in arrest of judgment were filed and overruled and…
2Cases cited8 opinions
- State v. AppersonSupreme Court of Missouri · 1893
- State ex rel. Millett v. FieldMissouri Court of Appeals · 1889
- Linahan v. BarleySupreme Court of Missouri · 1894
- State v. BerrySupreme Court of Missouri · 1890
- Monarch Rubber Co. v. BunnMissouri Court of Appeals · 1899
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