Montague v. W. H. Kolkmeyer & Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. For material error apparent on the face of the record, the appellate court will reverse a cause, although no motion for a new trial, in arrest or for review, is made in the court below, M'clntire v. Mclntire, 80 Mo, 470; In re Garrison v. Trust Co., 77 Mo. App. 337; Land Co. v. Bretz, 125 Mo. 418; State ex rel. v. Scott, 104 Mo. 26; Distilling Co. y. Hubbard, 53 Mo.
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Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. For material error apparent on the face of the record, the appellate court will reverse a cause, although no motion for a new trial, in arrest or for review, is made in the court below, M'clntire v. Mclntire, 80 Mo, 470; In re Garrison v. Trust Co., 77 Mo. App. 337; Land Co. v. Bretz, 125 Mo. 418; State ex rel. v. Scott, 104 Mo. 26; Distilling Co. y. Hubbard, 53 Mo. App. 23. Tbe record proper, by law, is tbe petition, summons, and all subsequent pleadings, including tbe verdict and judgment. Batson y. Clark, 37 Mo. 31; Land Co.…
1Opinion of the CourtJohnson, J.
— This is a suit in equity for the cancellation of certain special taxbills issued by the city of Marshall, a city of the third class, in payment of the cost of macadamizing, curbing and grading one of the public streets of that city. No bill of exceptions is in the record and we have before us' nothing but the record proper. A trial to the court resulted in a judgment for the defendants and the cause is here on the appeal of plaintiff. The ordinance authorizing the improvement entitled: “An ordinance to macadamize, curb and grade West Arrow street from the center line of English avenue to…
2Cases cited16 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Heman v. GilliamMissouri Court of Appeals · 1902
- Allen v. LabsapSupreme Court of Missouri · 1905
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Rose v. TrestrailMissouri Court of Appeals · 1895
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3Cited by2 opinions
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- Paul v. BurressMissouri Court of Appeals · 1910