Albert v. Van Frank
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. — Eon. Frank Burroughs, Judge. -STATEMENT OF THE CASE. The plaintiff began this action before a justice of the peace to replevy, from the defendant, a horse and trap alleged to be of the value of $100. The judgment being in his favor, the cause was appealed by the defendant to the court of common pleas of Cape Girardeau county and from there he appealed to this court.
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Appeal from Cape Girardeau Court of Common Pleas. — Eon. Frank Burroughs, Judge. -STATEMENT OF THE CASE. The plaintiff began this action before a justice of the peace to replevy, from the defendant, a horse and trap alleged to be of the value of $100. The judgment being in his favor, the cause was appealed by the defendant to the court of common pleas of Cape Girardeau county and from there he appealed to this court. Tbe defendant is the father of Mary O. Dunlop, the wife of Erank H. Dunlop. On the twelfth day of November, 1898, a promissory note was executed by the said Erank H. Dunlop, for…
1Opinion of the CourtGoode, J.
We have already passed on the question of whether the bill of exceptions was filed in time, but the respondent has renewed it in his brief. We adhere to our previous ruling on the point. An appellate court is not restricted to the bill of exceptions itself to ascertain whether or not an order was made by the trial court extending the time in which it might be filed, as the respondent contends. It may look to the record outside of the bill for information as to what orders were made concerning it and when it was filed. State v. Thompson, 149 Mo. 439; Real Estate Ass’n v. Refrigerator Transit…
2Cases cited15 opinions
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Wood v. MatthewsSupreme Court of Missouri · 1881
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Robinson v. DrydenSupreme Court of Missouri · 1893
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
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3Cited by2 opinions
- M'cCauley v. BradyMissouri Court of Appeals · 1907
- Bentrup v. Johnson and Lehmann.Missouri Court of Appeals · 1929