McCollister v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) The statute (R. S. 1899, sec. 813.) is mandatory and is without exception or excuse. This duty to file transcript is a personal duty imposed upon the appellant by law, and if he fails to do so he must suffer the consequences. Ziefle v. Seid, 137 Mo. 538; Caldwell y. Hawkins, 46 Mo. 263; Dean y. Jones, 27 Mo. App. 468; McCaffery y. Railroad, 31 Mo. App. 348; Barnes y. Wynn, 31 Mo.
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Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) The statute (R. S. 1899, sec. 813.) is mandatory and is without exception or excuse. This duty to file transcript is a personal duty imposed upon the appellant by law, and if he fails to do so he must suffer the consequences. Ziefle v. Seid, 137 Mo. 538; Caldwell y. Hawkins, 46 Mo. 263; Dean y. Jones, 27 Mo. App. 468; McCaffery y. Railroad, 31 Mo. App. 348; Barnes y. Wynn, 31 Mo. App. 486. (2) Respondent does not waive his right to insist on an affirmance by delaying to file the motion until the hearing is near at hand, nor…
1Per curiam
This action was instituted in the circuit court of Butler county September, 1904, to recover damages for an injury to plaintiff and injuries to his horse, wagon and harness. The evidence shows plaintiff, a companion by the name of James Frazier and another companion, were driving along Ash street in the city of Poplar Bluff, on August 20, 1904. The team belonged to plaintiff but Frazier was driving. It seems the parties in the wagon lived in the country and were on their way homé. Ash street is crossed by the line of defendant’s railroad. ‘ As the plaintiff approached the crossing a train was…
2Cases cited1 opinion
- Ziefle v. SeidSupreme Court of Missouri · 1897