Hinshaw v. Estate of Warren
Missouri Court of Appeals
Appeal from Pulaski Circuit Court. — Ho». L. B. Woodsicle, Judge. This appeal should be dismissed. The transcript of the record and bill of exceptions were not filed in time. R. S. 1909’, secs. 2047, 2048 and 2049; Rule 16, Springfield Court of Appeals; State ex rel. v. Smith, 172 Mo. 456 ; State ex rel. v. Gibson, 187 Mo. 558; St. Louis to use v. Bambrick, 41 Mo. App. 648.
1Opinion of the CourtNixon, P. J.
Wb find ourselves at the outset confronted with a written motion filed by the respondent to dismiss this appeal. Appellant was duly notified in writing (according to our Rule 25) that this motion would be presented, and was served with a copy of' the motion. Respondent in a printed brief insists that the appeal be dismissed because of appellant’s failure to comply with our Rule 16. Rule 16, adopted under the authority given by section 2049, R. S. 1909’, provides:
“In all cases where appeals shall have been taken . . . to this court . . . the appellant shall file with the clerk of this court a…
2Cases cited1 opinion
- Columbus Coal Co. v. MitchellMissouri Court of Appeals · 1910
3Cited by2 opinions
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Broyles Ex Rel. Broyles v. State Highway CommissionMissouri Court of Appeals · 1928