Swope v. Weller
Supreme Court of Missouri
JError to Holt Circuit Court. — Hem. • O. A. Anthony, Judge. “The record proper by law is the petition, summons and all subsequent pleadings, including the verdict and judgment; and these the law has made it our duty to examine and revise; and for any error apparent in the face of these,- which constitutes the record, we will reverse the cause.”
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JError to Holt Circuit Court. — Hem. • O. A. Anthony, Judge. “The record proper by law is the petition, summons and all subsequent pleadings, including the verdict and judgment; and these the law has made it our duty to examine and revise; and for any error apparent in the face of these,- which constitutes the record, we will reverse the cause.” Bateson v. Clark, 37 Mo. 31. For error apparent upon the face of the record the supreme court will reverse a judgment, although the party complaining of the judgment has failed to present his objections properly. Norchnauser v. Hitchcock, 40 Mo. 178;…
1Opinion of the CourtBrace, J.
This is an action in ejectment brought here by writ of error from the circuit court of Holt county. The petition is in common form. The answer of Weller, one of the defendants, is a general denial. The answer of John E. Barnard, the other defendant (Weller’s landlord) contains a general denial, and an affirmative plea for equitable relief. The issue upon the ejectment branch of the case was submitted to a jury, and found for the defendants. The issues joined by the plaintiff’s reply to. the affirmative pleaof Barnard, were then taken up and tried by the court, found for said defendant, a…
2Cases cited10 opinions
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Kimmel v. BennaSupreme Court of Missouri · 1879
- Avery v. FitzgeraldSupreme Court of Missouri · 1887
- State ex rel. Pemiscot County v. ScottSupreme Court of Missouri · 1890
- Clyburn v. McLaughlinSupreme Court of Missouri · 1891
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3Cited by5 opinions
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Speed v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1901
- Engler v. KnoblaughMissouri Court of Appeals · 1908
- State ex rel. Kenamore v. WoodSupreme Court of Missouri · 1900