Fast v. Gray
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — If cm. Geo. F. Long an, Judge. Filed brief on merits. (1) The appeal in this case should be dismissed for the reason that appellants have filed no abstract of the record as required by statute and the rules of this court. They have filed a statement containing some of the matters, which would properly belong to an abstract of the record, but they have filed no abstract nor anything which purports to he an abstract.
Read the full summary
Appeal from Pettis Circuit Court. — If cm. Geo. F. Long an, Judge. Filed brief on merits. (1) The appeal in this case should be dismissed for the reason that appellants have filed no abstract of the record as required by statute and the rules of this court. They have filed a statement containing some of the matters, which would properly belong to an abstract of the record, but they have filed no abstract nor anything which purports to he an abstract. (2) The appeal should be dismissed for the further reason that appellant’s brief fails to allege the errors committed by the inferior court as…
1Opinion of the CourtSmith, P. J.
This is an action that was begun before a justice of the peace and from there it was removed by appeal to the circuit court where the plaintiff had judgment and the defendants appealed here.
The plaintiff has raised the objection that the record before us does not show that a motion for a new trial was filed in the trial court within the time required by the statute nor overruled by that court. The case was brought here what is commonly known as the short method authorized by section 813, Revised Statutes. It is true that that which purports to be a bill of exceptions does recite the filing…
2Cases cited6 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- City of St. Louis v. BoyceSupreme Court of Missouri · 1895
- Roush v. CunninghamSupreme Court of Missouri · 1901
- McCormick Harvesting Machine Co. v. CrawfordMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Franklin v. Kansas CityMissouri Court of Appeals · 1923
- State ex rel. Chester v. TurnerMissouri Court of Appeals · 1914
- Dockery v. LowensteinMissouri Court of Appeals · 1907