Stark v. Kirkley
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. Jesse G. Sheppard, Judge. The bill of exceptions was filed in the office of the clerk of the trial court June 11, 1908. The appeal therefore was returnable to the October, 1906, term of this court, but the certified copy of the judgment and order granting appeal was not filed in this court until February 16, 1907, which was not in time, and we therefore insist that the judgment of the trial court be affirmed.
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Appeal from Butler Circuit Court. — Hon. Jesse G. Sheppard, Judge. The bill of exceptions was filed in the office of the clerk of the trial court June 11, 1908. The appeal therefore was returnable to the October, 1906, term of this court, but the certified copy of the judgment and order granting appeal was not filed in this court until February 16, 1907, which was not in time, and we therefore insist that the judgment of the trial court be affirmed. R. S. 1.899, secs. 812, 813. Rules 14a and 22 of this court. Johnson v. Riggs, 67 Mo. App. 491; Laundry Co. v. Insurance Co., 62 Mo. App-. 11;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. R. H. Williams, a witness for plaintiff, testified to the amount due on each of the contracts sued on. Defendants objected to this evidence on the ground that there was no evidence tending to show that they, or either of them, were in anywise indebted to plaintiffs or had any knowledge of Kirldey’s indebtedness to plaintiffs. The court said: “I will let that go in subject to objection.” It was ruled in Seafield v. Bohne, 169 Mo. 537, that the receiving of evidence “subject to objection,” is- a bad practice, and will be reversible error if the point is properly…
2Cases cited4 opinions
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
- State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
- Seafield v. BohneSupreme Court of Missouri · 1902
- Digman v. McCollumSupreme Court of Missouri · 1871
3Cited by4 opinions
- Smith v. SmithSupreme Court of Oklahoma · 1919
- Wilson v. DeanCourt of Appeals of Kentucky · 1917
- Mutual Bank & Trust Co. v. GoedeckeSupreme Court of Missouri · 1941
- State v. WeyLandMissouri Court of Appeals · 1910