Legal Opinion

Schawacker v. McLaughlin

Supreme Court of Missouri

Decided May 25, 1897PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. The statement of appellant, mentioned in the opinion of the first division, is substantially as follows (omitting references to the printed abstract of the record, and some commentary): “This appeal arises out-of the litigation and judgment in the case of Dempsey v. Schawciclter, which is in this division of this court for review, case No. 7515, in which appellant is security for costs.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. The statement of appellant, mentioned in the opinion of the first division, is substantially as follows (omitting references to the printed abstract of the record, and some commentary): “This appeal arises out-of the litigation and judgment in the case of Dempsey v. Schawciclter, which is in this division of this court for review, case No. 7515, in which appellant is security for costs. “Plaintiffs made a contract in October, 1886, with defendant, to build a stable for him for $8,369. When the work was nearly completed…

1Opinion of the CourtBarclay, P. J.

This is an appeal from certain orders after judgment in the case of Dempsey v. Schawacker (1897) 140 Mo.--(38 S. W. Rep. 954), touching various items of costs in that litigation. The appeal now before this division was taken by Mr. McLaughlin, a surety for costs for the original plaintiff’s, the Dempsey brothers; and it involves the correctness of several rulings of the circuit court as to the extent of the surety’s liability for costs. The principal facts on which those rulings were based are sufficiently shown by the appellant’s statement before this division.

The appeal of the plaintiffs in…

2Cases cited9 opinions

  1. Riddick v. WalshSupreme Court of Missouri · 1852
  2. Turner v. JohnsonSupreme Court of Missouri · 1888
  3. State ex rel. Missouri Mutual Life Insurance v. KingSupreme Court of Missouri · 1869
  4. Handlin v. Morgan CountySupreme Court of Missouri · 1874
  5. State ex rel. Hopkins v. Justices of Buchanan County CourtSupreme Court of Missouri · 1867

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938
  2. Medicine Shoppe International, Inc. v. Director of RevenueSupreme Court of Missouri · 2005
  3. State ex rel. Gass v. GordonSupreme Court of Missouri · 1915
  4. State ex rel. Springmeyer v. BakerNevada Supreme Court · 1912
  5. Calhoun v. GrayMissouri Court of Appeals · 1910

11 more not listed; retrieve them via the Exa API.

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