Clark v. Clark
Supreme Court of Missouri
Appeal from St. Louis Qourt of Appeals. (1) The record, as it appears before this court, shows that the motion for new trial was filed in time. Though the bill shows no motion for new trial, the court will examine all “ errors of record” in contradistinction to those of “exception.” State v. Marshall, 36 Mo. 400 ; O’Connor «, Koch, 56 Mo. 253. (2) The record shows that the appeal from the court of appeals to this court, was taken in time.
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Appeal from St. Louis Qourt of Appeals. (1) The record, as it appears before this court, shows that the motion for new trial was filed in time. Though the bill shows no motion for new trial, the court will examine all “ errors of record” in contradistinction to those of “exception.” State v. Marshall, 36 Mo. 400 ; O’Connor «, Koch, 56 Mo. 253. (2) The record shows that the appeal from the court of appeals to this court, was taken in time. Johnson v. Hodges, 65 Mo. 590. A motion to dismiss this appeal was made in this court and was denied. (3) The assent of Jane Gr. Clark was necessary to the…
1Opinion of the CourtRay, J.
— The plaintiff, Robert B. Clark, is the husband of co-plaintiff, Jane Gr. Clark, and is joined with her herein by virtue of the statute, and only for the purpose of the suit. Jane Gr. Clark and her said hus*117band filed the amended petition in this action June 10, 1878, in the circuit court of the city of St. Louis, on a promissory note made by said Robert B. Clark as principal, and said Wm.’ Gr. Clark, defendant, as security, for the sum of $2,000, dated December 22, 1866, and payable to said Jane Gr. Clark, one year after date, with •eight per cent, interest per annum. The amended petition,…
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