Call v. Moll
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge.’ (1) The special finding of facts, incorporated in the judgment, is part of the record proper. Blount v. Spratt, 113 Mo. 48; Land Co. v. Bretz, 125 Mo. 418. (2) This court will review the record proper and reverse the judgment for error found. Inglis v. Eloyd, 33 Mo. App. 565; Mumma v. Standte, 24 Mo. App. 477; Beck v. Dowell, 40 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge.’ (1) The special finding of facts, incorporated in the judgment, is part of the record proper. Blount v. Spratt, 113 Mo. 48; Land Co. v. Bretz, 125 Mo. 418. (2) This court will review the record proper and reverse the judgment for error found. Inglis v. Eloyd, 33 Mo. App. 565; Mumma v. Standte, 24 Mo. App. 477; Beck v. Dowell, 40 Mo. App. 71. (3) The pretended counterclaim does not arise out of the “transaction set forth in the petition as the foundation of plaintiff’s claim, or connected with the subject of this action.”…
1Opinion of the CourtBland, P. J.
Plaintiff filed in the circuit court of *388Cape Girardeau county, a petition for writ of scire facias to revive a judgment, which, he alleged he had recovered against defendants in said circuit court, on January 4, 1894, for $598. The answer or return of defendants to the writ admitted the rendition of the judgment as alleged in the petition and pleaded payment of the judgment. On August 24,, 1900, the circuit court rendered the following judgment:
“Joseph H. Call against John Moll and Gus Moll. J
Revival of Judgment.
“Oome now the parties, plaintiff and defendant, by their respective attorneys,…
2Cases cited3 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- State v. PrendibleSupreme Court of Missouri · 1901
- Riney v. HillSupreme Court of Missouri · 1851
3Cited by4 opinions
- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Hiller v. DamanMissouri Court of Appeals · 1914
- Dunlap v. KelleyMissouri Court of Appeals · 1906