Swaggard v. Hancock
Missouri Court of Appeals
Error to Saline Circuit Court, Hon. John P. Strother, Judge. Statement of case by tire court. This was an action by plaintiff for the recovery of various sums of money, lost by him on a certain foot race, amounting in the aggregate to the sum of nine hundred and fifty dollars.
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Error to Saline Circuit Court, Hon. John P. Strother, Judge. Statement of case by tire court. This was an action by plaintiff for the recovery of various sums of money, lost by him on a certain foot race, amounting in the aggregate to the sum of nine hundred and fifty dollars. The answer was, first, a general denial, and, next, as follows : “Defendant, further answering, says, that about the date mentioned in the said petition, to-wit: about June 21, 1883, one Hill placed in the hands of defendant, a large sum of money, and requested defendant to make with it bets, for him, on a foot race,…
1Opinion of the Court
I
Hall, J.
No bill of exceptions was filed in this case, and the point is raised by the defendant’s counsel that, therefore, the action of the circuit court on the plaintiff’s motion for judgment is not open to review by us. This is true. United States v. Gamble, 10 Mo. 457; Christy's Adm'r v. Meyers, 21 Mo. 112. But the petition, answer, and judgment of the circuit court are parts of the record without a bill of exceptions. State v. White, 61 Mo. 441. The judgment was, that the answer was a sufficient answer and defence to several demands of the petition, and that, plaintiff refusing to plead…
2Cases cited15 opinions
- Long v. TowlSupreme Court of Missouri · 1868
- Williams v. WallSupreme Court of Missouri · 1875
- Christy's Administrator v. MyersSupreme Court of Missouri · 1855
- Shropshire v. GlascockSupreme Court of Missouri · 1837
- United States v. Gamble & BatesSupreme Court of Missouri · 1847
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3Cited by10 opinions
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