Kansas City Masonic Temple Co. v. Young
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jos. A, Guthrie, Judge.
1Opinion of the CourtTrimble, J.
This is an appeal from a decree making permanent a temporary injunction theretofore granted. No motion for new trial nor in arrest of judgment was filed. The appeal was taken without them. In such case, while the appeal can he thus taken, there is nothing before us but the record proper. [Newton v. St. Louis and San Francisco Railroad Co., 168 Mo. App. 199; R. S. Mo. 1909, Secs. 2040, 2041 and 2083.] The office of a motion in arrest is to call the court’s attention to error patent of record; and such error must be intrinsic to, and not dehors, the record; and the error must be one of…
2Cases cited12 opinions
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Newton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
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3Cited by1 opinion
- Simmons v. Universal Life InsuranceMissouri Court of Appeals · 1933