State ex rel. Hartman v. Thomas
Supreme Court of Missouri
Mandamus. (1) The sole question presented by the record is as to whether a defeated party may present in a short bill of exceptions the propriety of the ruling upon which he is defeated, or whether he must prepare a record covering everything that occurred in the trial court in order to enable the reviewing court to say whether the trial court was not perhaps right for some other reason.
Read the full summary
Mandamus. (1) The sole question presented by the record is as to whether a defeated party may present in a short bill of exceptions the propriety of the ruling upon which he is defeated, or whether he must prepare a record covering everything that occurred in the trial court in order to enable the reviewing court to say whether the trial court was not perhaps right for some other reason. There is no question of greater general importance pending before this court — the question of encouragement or discouragement of the voluminous bills of exceptions prepared at an expense often prohibitive…
1Opinion of the CourtKennish, J.
— This is an original proceeding by mandamus. Respondent made return to the alternative writ of this court, and relator moved for judgment. No question is presented as to the sufficiency of the pleadings, and the facts are not controverted.
It appears from the record that at the April te.rm, 1910, of the circuit court of Jackson county, in an action there pending in which relator was plaintiff and E. L. Morse was defendant, a verdict was returned in favor of relator in the sum of $1001. The defendant in due time filed a motion for a new trial containing thirteen separate grounds, one of which…
2Cases cited10 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Bradley v. ReppellSupreme Court of Missouri · 1896
- State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
- Turner v. AndersonSupreme Court of Missouri · 1911
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Cole v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1933
- MacKlin v. Fogel Construction Co.Supreme Court of Missouri · 1930
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- James v. ColemanSupreme Court of Oklahoma · 1917
11 more not listed; retrieve them via the Exa API.