Callier v. Chester, Perryville & Ste. Genevieve Railway Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. W. 8. C. Walher, Judge. (1) The nunc pro tunc proceedings confirm appellant’s original abstract as to the filing of the bill of exceptions, (a) The' proceedings show an order (filing the bill nunc pro tunc) subject to appeal and never appealed from. Haydon v. Groe. Co., 88 Mo. App. 241; Bank v. Allen, 71 Mo. 474; Bowman v. Bay, 80 S. W. 200; Sec. 203.8, B. S. 1909; Dawson v. Waldheim, 89 Mo.
Read the full summary
Appeal from Dunklin Circuit Court. — Hon. W. 8. C. Walher, Judge. (1) The nunc pro tunc proceedings confirm appellant’s original abstract as to the filing of the bill of exceptions, (a) The' proceedings show an order (filing the bill nunc pro tunc) subject to appeal and never appealed from. Haydon v. Groe. Co., 88 Mo. App. 241; Bank v. Allen, 71 Mo. 474; Bowman v. Bay, 80 S. W. 200; Sec. 203.8, B. S. 1909; Dawson v. Waldheim, 89 Mo. App. 245. (b) The proceedings are brought here by certiorari to perfect the original transcript and can subserve no other purpose. State v. Sullivan, 50 Fed. 593;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Upon the record reaching this court, it was discovered that it omitted to disclose the filing of a bill of exceptions and the hearing of the case was passed to allow defendant an opportunity to proceed in the trial court to the end of supplying the deficiency in the record by obtaining an order nunc pro tunc showing the bill of exceptions to have been filed, if such were the fact. As, in the view we take,…
2Cases cited8 opinions
- Walker v. StateIndiana Supreme Court · 1885
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Beck v. DowellSupreme Court of Missouri · 1892
- State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
- Hill v. Butler CountySupreme Court of Missouri · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Webster v. Joplin Water Works CompanySupreme Court of Missouri · 1944
- Thaler v. NiedermeyerMissouri Court of Appeals · 1914
- State ex rel. Chester v. TurnerMissouri Court of Appeals · 1914
- State ex rel. Chester, Perryville & Ste. Genevieve Railway Co. v. TurnerSupreme Court of Missouri · 1917
2 more not listed; retrieve them via the Exa API.