Curtis v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court — Now. William B. Teasdale, Judge. (1) Parties may stipulate with reference to the disposition of cases at any stage of the proceeding, and also witli reference to matters of practice and procedure, and the court will recognize and enforce such stipulation when legally made.
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Appeal from Jackson Circuit Court — Now. William B. Teasdale, Judge. (1) Parties may stipulate with reference to the disposition of cases at any stage of the proceeding, and also witli reference to matters of practice and procedure, and the court will recognize and enforce such stipulation when legally made. Where parties to suit stipulate in writing for a valuable consideration that a new trial shall be granted and the cause dismissed, and the court judicially determines such stipulation was voluntarily entered into for a valuable consideration and was and is a valid and binding stipulation…
1Opinion of the Court
JOHNSON, J. —
On February 19, 1904, a verdict of $1,000 was returned in favor of plaintiff in an action brought by her to recover damages for personal injuries. Motions for a new trial and in arrest of judgment were filed by defendant in due time, but were not determined by the trial court until October 22, 1904. They were then overruled and defendant appealed. At the hearing *344of the motions defendant offered in evidence an instrument in writing as follows:
“Mary Curtis, Plaintiff, v. Metropolitan Street Railway Company, Defendant.
AGREEMENT.
“I, Mary Curtis, plaintiff in the above-entitled cause,…
2Cases cited16 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Fillmore v. WellsSupreme Court of Colorado · 1887
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Plaza Shoe Store, Inc. v. Hermel, Inc.Supreme Court of Missouri · 1982
- Mills v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1920
- Desaman v. Butler Bros.Supreme Court of Minnesota · 1912
- Noell v. Missouri Pacific RailroadSupreme Court of Missouri · 1934
34 more not listed; retrieve them via the Exa API.