Roden v. Helm
Supreme Court of Missouri
Error to Audrain Circuit Court. — Now. E. M. Hughes, Judge. (1) The decree directing the sale of all the land and destroying Turner’s title, as well as the title of the Helm infants, is outside of the scope of the pleadings. Schneider v. Patton, 175 Mo. 684. (2) The errors complained of, being apparent upon the face of the record, are reached by a writ of error.
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Error to Audrain Circuit Court. — Now. E. M. Hughes, Judge. (1) The decree directing the sale of all the land and destroying Turner’s title, as well as the title of the Helm infants, is outside of the scope of the pleadings. Schneider v. Patton, 175 Mo. 684. (2) The errors complained of, being apparent upon the face of the record, are reached by a writ of error. Bagby v. Ember-son, 79 Mo. 139; Lilly v. Menke, 126 Mo. 211; McIntyre v. McIntyre, 80 Mo. 470; Ryan v. Growney, 125 Mo. 474; Railroad v. Lewright, 113 Mo.. 660; Brown v. Appleman, 83 Mo. App. 79; Railroad v. Carlisle, 94 Mo. 166;…
1Opinion of the CourtFox, J.
At the October term, 1903, this cause was submitted on briefs to this court for determination. My esteemed colleague, Judge Gantt, on March 23, 1904, announced the conclusions reached upon the propositions as then presented for our consideration, in which all of this division concurred. With his permission the statement of facts and legal conclusions are here reproduced. They were thus stated:
This is a writ of error from a judgment of the circuit court of Audrain county. The action was commenced November 12, 1898. The petition alleges that defendants, Thomas, Anna and Elizabeth Helm by their…
2Cases cited26 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Newham v. KentonSupreme Court of Missouri · 1883
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3Cited by20 opinions
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Hecker v. BleishSupreme Court of Missouri · 1928
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
- Turner v. EdmonstonSupreme Court of Missouri · 1908
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