Smith v. Smith
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — Son. Senry C. Riley, Judge. STATEMENT. We copy the statement of the case verbatim as given in the brief for plaintiff in error: “This is an action brought by plaintiff in error as the administratrix of the estate of James Smith, Sr., deceased, on a note, which note is in words and figures as follows, to-wit: “ ‘$500. Charleston, Mo., January 1st, 1901. “ ‘Twelve months after date I promise to pay to the order of James Smith, Sr., Five…
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Appeal from Mississippi Circuit Court. — Son. Senry C. Riley, Judge. STATEMENT. We copy the statement of the case verbatim as given in the brief for plaintiff in error: “This is an action brought by plaintiff in error as the administratrix of the estate of James Smith, Sr., deceased, on a note, which note is in words and figures as follows, to-wit: “ ‘$500. Charleston, Mo., January 1st, 1901. “ ‘Twelve months after date I promise to pay to the order of James Smith, Sr., Five Hundred Dollars, for rent on farm, negotiable and payable without defalcation or discount and with interest from…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Counsel for plaintiff in error contends that inasmuch as the agreed statement of facts, together with the note sued on, was all the evidence introduced; that such agreed statement was reduced to writing and filed in the cause and in the form of a stipulation, copied into the record by the clerk and appears in the transcript here, thereby became and is a part of the record and is a proper matter to review in this court on the writ of error.
*687The note sued on does not appear. We cannot agree with counsel in this contention. This case certainly cannot come within the…
2Cases cited8 opinions
- State v. WallSupreme Court of Missouri · 1851
- Newton v. NewtonSupreme Court of Missouri · 1901
- Eystra v. CapelleSupreme Court of Missouri · 1876
- United States v. Gamble & BatesSupreme Court of Missouri · 1847
- State ex rel. Malin v. MerriamSupreme Court of Missouri · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fruin v. O'MalleySupreme Court of Missouri · 1912
- State ex rel. Webb v. McCuneMissouri Court of Appeals · 1908