Llewellyn v. Spangler
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. STATEMENT. The petition, omitting caption, is as follows: “Plaintiff for cause of action states that he was plaintiff in an action against George E. Llewellyn and others, No. 10143, in the circuit court of Clark county, Missouri, which said, action was pending and for trial at the October term of said court; that said action was instituted by plaintiff for the purpose of partitioning certain real estate belonging to…
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Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. STATEMENT. The petition, omitting caption, is as follows: “Plaintiff for cause of action states that he was plaintiff in an action against George E. Llewellyn and others, No. 10143, in the circuit court of Clark county, Missouri, which said, action was pending and for trial at the October term of said court; that said action was instituted by plaintiff for the purpose of partitioning certain real estate belonging to the parties to the said action. “That on the tenth day of November,'1902, it being the second day of said October term…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The statute, on which this suit is bottomed, reads as follows :
“Sec. 825. After change, cleric to transmit record. —When any such order shall be made by the court or judge, the clerk shall immediately make out a full transcript of the record and proceedings in the cause, including the petition and affidavit and order of removal, and transmit the same, duly certified, together with all the original papers filed in the cause, and not forming a part of the record, to the clerk of the court to which the removal is ordered, and for failure to do so shall forfeit one…
2Cases cited3 opinions
- State v. ClevengerMissouri Court of Appeals · 1886
- State v. HeadrickSupreme Court of Missouri · 1899
- Fullerton v. CarpenterMissouri Court of Appeals · 1902
3Cited by4 opinions
- State ex rel. Wilson v. HartMissouri Court of Appeals · 1979
- State v. RegaladoMissouri Court of Appeals · 1991
- Higbee v. SpanglerMissouri Court of Appeals · 1907
- State Ex Rel. Peoples Bank v. MeltonMissouri Court of Appeals · 1923