Wilson v. Darrow
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Eon. Nat. M. Shelton, Judge. We have been unable to find a case deciding the point as to the right to file a bill of exceptions when the sole plaintiff dies after the elapse of the term at which judgment was rendered (as in the case at bar), and after appeal granted.
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Appeal from Adair Circuit Court. — Eon. Nat. M. Shelton, Judge. We have been unable to find a case deciding the point as to the right to file a bill of exceptions when the sole plaintiff dies after the elapse of the term at which judgment was rendered (as in the case at bar), and after appeal granted. But it does seem to us that if a trial court has the right to grant leave to an appellant to file a bill of exceptions at a time latex than the adjournment of the term at which the order or judgment appealed from is made or rendered, then the same court would have the power to carry into effect…
1Opinion of the CourtWoodson, J.
This suit was instituted by Frederick J. Wilson against Orilla F. Darrow et al., to determine title to certain real estate situate in Adair county, under section 650, Revised Statutes 1899. The petition was substantially in the words of the statute.
All of the defendants answered, setting up various defenses.
A trial was had at the January Term, 1907, of the Adair Circuit Court, which resulted in a judgment in favor of the defendants, and the plaintiff appealed by what is known as the short method. During the same term, the court duly granted plaintiff the right to file a bill of exceptions…
2Cases cited13 opinions
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Gamble v. DaughertySupreme Court of Missouri · 1880
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3Cited by11 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Green v. StrotherCourt of Appeals of Kansas · 1919
- Guhman v. GrotheSupreme Court of Missouri · 1940
- Kansas City v. MullinsMissouri Court of Appeals · 1919
- State ex rel. Logan v. EllisonSupreme Court of Missouri · 1916
6 more not listed; retrieve them via the Exa API.