Burton v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Bandolph Circuit Court. — Hon. Alex. H. Waller, Judge. (1) The costs were adjudged against defendant hy the judgment of the trial court. Defendant could only complain of this hy motion filed within four days after-rendition of judgment. It could not raise point hy motion at term subsequent to that at which judgment was entered. State v. O’Briant, 176 Mo. 443; Ashby v. Glasgow, 7 Mo. 320; Silex Savings Bank v. Ellis, 162 Mo. App. 395; Ramsey v. Rothwell, 168 Mo.
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Appeal from Bandolph Circuit Court. — Hon. Alex. H. Waller, Judge. (1) The costs were adjudged against defendant hy the judgment of the trial court. Defendant could only complain of this hy motion filed within four days after-rendition of judgment. It could not raise point hy motion at term subsequent to that at which judgment was entered. State v. O’Briant, 176 Mo. 443; Ashby v. Glasgow, 7 Mo. 320; Silex Savings Bank v. Ellis, 162 Mo. App. 395; Ramsey v. Rothwell, 168 Mo. App. 271; Mann v. Warner, 22 Mo. App. 577; Bosley v. Parle, 35 Mo. App. 232; Paul v. Minn. Threshing Co., .87 Mo. App.…
1Opinion of the CourtWoodson, J.
This is an appeal from an order and judgment of the circuit court of Randolph County setting aside and quashing an execution issued on a judgment rendered in the ease of Levi T. Burton, Administrator of the Estate of Mary Burton, deceased, against the defendant, and retaxing the cost therein. The appeal was taken to the Kansas City7 Court of Appeals, and by that court the cause was transferred to this court because a constitutional question was involved.
The facts are practically undisputed, and are substantially as follows, as shown by the appellant’s statement of the case and abstract of the…
2Cases cited2 opinions
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
3Cited by8 opinions
- Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938
- Schenberg v. SchenbergMissouri Court of Appeals · 1957
- Clancy v. Herman C. G. Luyties Realty Co.Supreme Court of Missouri · 1928
- State Ex Rel. State Highway Commission v. GraelerMissouri Court of Appeals · 1957
- State Ex Rel. Williams v. DauesSupreme Court of Missouri · 1933
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