State ex rel. Baer v. Mason
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. In Duff v. Neilson, 90 Mo. 93, the court say: It sufficiently appears from the dates in the transcript that the motion for new trial was filed within the statutory period, and this is' all that is' required.”
Read the full summary
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. In Duff v. Neilson, 90 Mo. 93, the court say: It sufficiently appears from the dates in the transcript that the motion for new trial was filed within the statutory period, and this is' all that is' required.” The transcript in this case shows that on November 1, 1887, a verdict and judgment was rendered; that on November 3, 1887, the motion for new trial was filed ; that on November 22, 1887, motion for new trial was overruled I that on December 2, 1887, by consent of parties* defendants were granted twenty days in which to…
1Opinion of the CourtPeers, J.
This is an action upon thé official bond of the sheriff of the city of St. Louis. The plaintiffs recovered judgment below and defendants appeal to this court. The plaintiffs urge and insist upon an affirmance for the following reasons:
*213“ 6. The judgment below must be affirmed, because the record does not disclose that a motion for new trial was filed within the time required by law, in that the bill of exceptions of the appellants does not state that this motion was filed within four days, but after reciting the verdict of the jury for plaintiffs, merely adds, ‘ and thereupon after verdict,’…
Also in this document: Concurrence.
2Cases cited2 opinions
- State ex rel. Estes v. GaitherSupreme Court of Missouri · 1883
- Demske v. HunterMissouri Court of Appeals · 1886
3Cited by5 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Bruns v. CapstickMissouri Court of Appeals · 1895
- Bates v. Ruth & Mengal Realty Co.Missouri Court of Appeals · 1901
- Estate of Pound v. CassityMissouri Court of Appeals · 1902
- State v. ArnoldMissouri Court of Appeals · 1893