Keaton v. Boughton
Missouri Court of Appeals
Error from the Stoddard Circuit Court. — Son. J. L. Fort, Judge. (1) The demurrer admits all the facts pleaded by plaintiff, that defendant, Boughton, appealed to the supreme court of Missouri, and not to ,the “court of appeals at St. Louis, Mo.,” and that the bond given was to supersede and did supersede the judgment upon appeal to the supreme court according to the intention of the parties giving the bond — the defendant herein.
Read the full summary
Error from the Stoddard Circuit Court. — Son. J. L. Fort, Judge. (1) The demurrer admits all the facts pleaded by plaintiff, that defendant, Boughton, appealed to the supreme court of Missouri, and not to ,the “court of appeals at St. Louis, Mo.,” and that the bond given was to supersede and did supersede the judgment upon appeal to the supreme court according to the intention of the parties giving the bond — the defendant herein. State ex rel. v. Conrad, 147 Mo. 654; Shields v. Johnson County, 144 Mo. 76. (2) The petition sets out the bond “in haec verba,” and states the purpose and…
1Opinion of the CourtBland, P. J.
Omitting caption the petition is as follows: “Plaintiff states that on the ninth day of December, 1897, a judgment was rendered by the circuit court of Stoddard county, at Dexter, in favor of plaintiff and against Callie G. Boughton, one of the defendants herein, for the recovery of the possession of Lot No. 5 in Block No. 28 in the city *162of Dexter, Stoddard county, Missouri, and for tbe recovery of tbe sum of $75 balance of rents and profits due thereon and the sum of $7.50 per month for monthly rents and profits of said premises from the rendition of judgment aforesaid until the delivery of…
2Cases cited6 opinions
- Warner v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1883
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Schuster v. WeissSupreme Court of Missouri · 1893
- American Brewing Co. v. TalbotSupreme Court of Missouri · 1896
- Lionberger v. KriegerSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Zellars v. National Surety Co.Supreme Court of Missouri · 1908
- Hill v. KellerMissouri Court of Appeals · 1911
- State Ex Rel. Helm v. DuncanMissouri Court of Appeals · 1931
- Sanders v. Owens and StoffleMissouri Court of Appeals · 1931
- Hanson v. District Court of Third Judicial District in & for Salt Lake CountyUtah Supreme Court · 1943
1 more not listed; retrieve them via the Exa API.