Slater v. Steamboat Convoy
Supreme Court of Missouri
ERROR to St.' Louis Court of Common Pleas. 1. The plaintiff in error has adopted the proper remedy, if the court below erred in its judgment in granting a new trial, by abandoning his case. Davis vs. Davis, 8 Mo. R., 56. 2. That the court below did err is apparent from the record, for the appeal appears to have been taken on the same day the trial and judgment was had before the Justice.
Read the full summary
ERROR to St.' Louis Court of Common Pleas. 1. The plaintiff in error has adopted the proper remedy, if the court below erred in its judgment in granting a new trial, by abandoning his case. Davis vs. Davis, 8 Mo. R., 56. 2. That the court below did err is apparent from the record, for the appeal appears to have been taken on the same day the trial and judgment was had before the Justice. Rev. Code 1845, p. 670, §. 21; Rev. Code” 1845, p. 316, §. 9. 3. There Is nothing in the record showing that any amendment of the transcript was ordered, by the court t'dov:, or prayed for by the defendant,…
1Opinion of the CourtMcBride, J.
Slater instituted an action before a Justice of the Peace against the steamboat Convoy, for work and labor done in and upon the building of said boat, where he obtained judgment, from which the defendant appealed to lac court of Common Pleas, where judgment was again rendered in bis favor; which being subsequently set 'aside, on motion of the defendant, the plaintiff excepted, took a non-suit, moved to set the same *514aside, which being overruled, he excepted and sued out a writ of error.
The three bills of exceptions taken in the case show, that the judgment was rendered by the Justice of the…
2Cited by1 opinion
- Petz v. HoffmanMissouri Court of Appeals · 1910