Harned v. Shores
Missouri Court of Appeals
Appeal from the Cooper Circuit Court, — Hon. D. W. Shackleford, Judge. (1) Although no motions for review were filed in the trial court, the cause will be reviewed in the appellate court for error apparent on the face of the record. Mclntire v. Mclntire, 80 Mo. 470; Childs v. R’y, 117 Mo. 414; Lilly v. Menke, 126 Mo. 190; Harrington v. Evans, 49 Mo. App. 372„. The petition states no cause of action against the wife, Susan A. Shores. The note was not executed by her.
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Appeal from the Cooper Circuit Court, — Hon. D. W. Shackleford, Judge. (1) Although no motions for review were filed in the trial court, the cause will be reviewed in the appellate court for error apparent on the face of the record. Mclntire v. Mclntire, 80 Mo. 470; Childs v. R’y, 117 Mo. 414; Lilly v. Menke, 126 Mo. 190; Harrington v. Evans, 49 Mo. App. 372„. The petition states no cause of action against the wife, Susan A. Shores. The note was not executed by her. The right of action against her, if any, must arise under the provisions of section 6869, Revised Statutes 1889, as amended by…
1Opinion of the Court
Ellison, J. —
This is a suit upon a promissory note against one John T. Shores and wife, the plaintiff in error being the wife, Susan A. Shores. The petition is as follows:
petition. “Plaintiff, for his cause of action, says that defendant John T. Shores, on the first day of January, 1894, by his promissory note of that date, by him . duly executed, promised for value received, to pay to plaintiff, one day after date thereof, the sum of one hundred and eighty-five dollars and five cents ($185.05), with interest from date, at the rate of 8 per cent per annum; said note being filed herewith and…
2Cases cited4 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Bedsworth v. BowmanSupreme Court of Missouri · 1890
- Gabriel v. MullenMissouri Court of Appeals · 1888
3Cited by2 opinions
- Megraw v. WoodsMissouri Court of Appeals · 1902
- Dougherty v. McClellandMissouri Court of Appeals · 1916