Weil v. Jones
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. V. B. Hill, Judge. This was a suit upon an account for goods furnished by plaintiffs to defendant. Defendant filed a counterclaim.
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Appeal from Phelps Circuit Court. — Hon. V. B. Hill, Judge. This was a suit upon an account for goods furnished by plaintiffs to defendant. Defendant filed a counterclaim. It appeared that plaintiffs, who were a mercantile firm, had sold goods to one Koenig, who subsequently 'took defendant into partnership with him, the new firm taking tho name of Koenig & Jones; that at the time this firm was formed Koenig owed plaintiffs a balance of $575.21, which balance was, by plaintiffs, carried into the account of the firm. The testimony whether this was done with the knowledge and consent of the…
1Opinion of the Court
Sherwood, C. J. —
1. A BILL OF EXCEPTIONS. So far as concerns the bill of exceptions, it does not appear that it was filed in vacation, and if not so filed, no consent of parties entered of record was necessary. For aught that is shown by the record, the February term may have continued till the 9th day of March, when the bill was filed. Pershing v. Canfield, ante, p. 140.
In the above views of my associates, I do not concur. The brief of one of the counsel for plaintiffs expressly admits the filing of the bill to have occurred in vacation, and it nowhere appears to have been filed in term, or…
2Cases cited1 opinion
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
3Cited by12 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Taylor v. NewmanSupreme Court of Missouri · 1883
- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
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