Linahan v. Barley
Supreme Court of Missouri
Appeal from Lincoln Circuit Court.—Hon. E. M. Hughes, Judge. Defendants appeal from a judgment for plaintiff in ejectment. The appeal was submitted to the first division and a decision announced affirming the judgment (24 S. W. Rep. 1033). Later a rehearing was ordered for the reasons indicated in the opinion filed on plaintiff’s motion to set aside that order.
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Appeal from Lincoln Circuit Court.—Hon. E. M. Hughes, Judge. Defendants appeal from a judgment for plaintiff in ejectment. The appeal was submitted to the first division and a decision announced affirming the judgment (24 S. W. Rep. 1033). Later a rehearing was ordered for the reasons indicated in the opinion filed on plaintiff’s motion to set aside that order. That opinion is as follows: uPer curiam.—In this case an opinion was rendered (24 S. W. Rep. 1033), affirming the judgment of the circuit court on the ground that the bill of exceptions was not filed in time. “Later, upon a motion for…
1Opinion of the CourtBabclay, J.
Plaintiff had judgment in the circuit court for possession of a parcel of land in Lincoln county.
The pleadings are in the ordinary form, appropriate to the action of ejectment under our statute. R. S. 1889, secs. 4631, 4632.
The cause was tried before Judge Hughes and a jury.
Defendants took steps for a review, after their motion for a new trial was denied. At the September *565term, 1891, they obtained leave, September 30, to file a bill of exceptions “in sixty days.” The bill was signed by the judge, November 30,1891.
The record on this appeal has not been amended since it came into this court,…
2Cases cited5 opinions
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- State v. AppersonSupreme Court of Missouri · 1893
- State v. BerrySupreme Court of Missouri · 1890
- State v. RyanSupreme Court of Missouri · 1894
- Fulkerson v. MurdockSupreme Court of Missouri · 1894
3Cited by11 opinions
- Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
- Dobesh v. Associated Asphalt Contractors, Inc.Nebraska Supreme Court · 1939
- Graham v. DeguireSupreme Court of Missouri · 1900
- State Ex Rel. Stage Lines Co. v. Pub. Serv. Comm.Supreme Court of Missouri · 1933
- Becker v. County CourtMissouri Court of Appeals · 1909
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