Roush v. Cunningham
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Ron. W. W. Bucher, Judge. The certificates show that the bill of exceptions was in fact prepared, approved, and filed within the time permitted by the court, that the clerk, at the time the bill was presented to him, stamped thereon, “Eiled at Linneus, June 10, 1898. Joe A. Neal, Clerk,” and that the regular term of the circuit court at Linneus began on June 6, and ended on June 15, 1898. This being the case, was it necessary that the record…
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Appeal from Linn Circuit Court. — Ron. W. W. Bucher, Judge. The certificates show that the bill of exceptions was in fact prepared, approved, and filed within the time permitted by the court, that the clerk, at the time the bill was presented to him, stamped thereon, “Eiled at Linneus, June 10, 1898. Joe A. Neal, Clerk,” and that the regular term of the circuit court at Linneus began on June 6, and ended on June 15, 1898. This being the case, was it necessary that the record of the court show that the bill was filed at that time^ or will the stamping on the back of the bill by the clerk of…
1Opinion of the CourtGantt, J.
A suit in equity was commenced by plaintiff in the Linn Circuit Court on May 2, 1895, whereby plaintiff sought to have a decree of specific performance of an alleged contract by Jacob Cunningham with the mother of plaintiff to adopt plaintiff as his child and leave her his property at his death, rendered in her favor.
The answer of the defendants, the heirs at law of said Cunningham, denied all the allegations of the bill.
On a trial in the circuit court the finding and judgment was for the defendants, and plaintiff appeals.
I. It is insisted by the defendants that the bill of exceptions…
2Cases cited5 opinions
- Ricketts v. HartSupreme Court of Missouri · 1899
- Carter v. PriorSupreme Court of Missouri · 1883
- Pope v. ThomsonSupreme Court of Missouri · 1877
- Lafollette v. ThompsonSupreme Court of Missouri · 1884
- Dinwiddie v. JacobsSupreme Court of Missouri · 1884
3Cited by9 opinions
- State ex rel. Springfield Traction Co. v. BroaddusSupreme Court of Missouri · 1907
- Perringer v. Unknown Heirs of RaubSupreme Court of Missouri · 1923
- Hughes v. HendersonMissouri Court of Appeals · 1902
- Wilson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1902
- Fast v. GrayMissouri Court of Appeals · 1904
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