Fulkerson v. Murdock
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hoh W. W. Edwards, Judge. (1) The bill of exceptions was filed within time. Besides, the fact that the delay was occasioned wholly by counsel for the respondent estops him from complaining.
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Appeal from St. Charles Circuit Court. — Hoh W. W. Edwards, Judge. (1) The bill of exceptions was filed within time. Besides, the fact that the delay was occasioned wholly by counsel for the respondent estops him from complaining. City v. Kleuh, 27 Neb'. 617; Meyer v. Fagan, 51 N. W. Rep. 753; Kaives v. People, 129 111. 123. (2) The supreme court does not make any distinction with regard to exemplary damages between cases of slander and other actions of tort, and such damages should be given only where there are circumstances of oppression, malice or negligence. Kennedy v. Woodward, 6 Houst.…
1Opinion of the CourtBarclay, J.
— This is an action for damages for slander, in which, upon a trial, plaintiff recovered judgment for $1,350. Defendant promptly moved for a new trial; but his motion was overruled, May 4,1892. On that day the court made an order giving him leave “to file his bill of exceptions herein ninety days from this date.”. He appealed at once, on the same day, to the St. Louis court of appeals; and the March term of the trial court closed, July 20, 1892.
The bill of exceptions was signed by the judge in vacation, August 3, 1892, and it was filed that day.
After the case was submitted to the court of…
2Cases cited6 opinions
- Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
- State v. HarrisSupreme Court of Missouri · 1894
- Fulkerson v. MurdockMissouri Court of Appeals · 1893
- Dorman v. CoonSupreme Court of Missouri · 1893
- Wilson v. TaylorSupreme Court of Missouri · 1894
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3Cited by8 opinions
- Linahan v. BarleySupreme Court of Missouri · 1894
- Priddy v. HayesSupreme Court of Missouri · 1907
- Wyllie v. HeffernanMissouri Court of Appeals · 1894
- Cox v. BrightMissouri Court of Appeals · 1896
- Hanne v. GarveySupreme Court of Missouri · 1914
3 more not listed; retrieve them via the Exa API.