Walton v. Catron
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Now. Samuel Davis, Judge. (1) ' For material error apparent on the face of the record, the appellate court will reverse a cause, although no motion for a new trial, in arrest or for review is made in the court below. Mclntire v. Mclntire, 80 Mo. 470; In re Garrison v. Trust Go., 77 MG'. App. 337; Land Go. v. Bretz, 125 Mo. App. 418; State ex rel. v. Scott, 104 Mo. 26; Distilling Go. v. Hubbard, 53 Mo.
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Appeal from Saline Circuit Court. — Now. Samuel Davis, Judge. (1) ' For material error apparent on the face of the record, the appellate court will reverse a cause, although no motion for a new trial, in arrest or for review is made in the court below. Mclntire v. Mclntire, 80 Mo. 470; In re Garrison v. Trust Go., 77 MG'. App. 337; Land Go. v. Bretz, 125 Mo. App. 418; State ex rel. v. Scott, 104 Mo. 26; Distilling Go. v. Hubbard, 53 Mo. App. 23. (2) The record proper, by law, is the petition, summons, and all subsequent pleadings, including the verdict and judgment. Batson v. Clark, 37 Mo.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s petition contains three counts. The first alleges in substance that plaintiff was the surety for defendant Catron on a promissory note payable to the Bank of Moberly, Moberly, Missouri, in the sum of two thousand dollars, which defendant when it became due failed to pay, and which plaintiff was compelled to pay; and that defendant has failed and refused to repay the same to plaintiff and for which he asks judgment.
The second count is to recover the sum of one thousand dollars, which defendant owed said bank on a promissory note, on which plaintiff was surety, which defendant…
2Cases cited6 opinions
- McIntire v. McIntireSupreme Court of Missouri · 1883
- South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
- Fulkerson v. DavenportSupreme Court of Missouri · 1879
- Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co.Missouri Court of Appeals · 1905
- Skinker v. SmithMissouri Court of Appeals · 1892
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3Cited by2 opinions
- Helstein v. SchmidtMissouri Court of Appeals · 1935
- Ford v. Stevens Motor Car. Co.Missouri Court of Appeals · 1921