State ex rel. Chester v. Turner
Missouri Court of Appeals
Appeal from Mississippi County Circuit Court.—Hon. Frank Kelly, Judge. (1) The filing of a paper is the actual delivery of the paper to the clerk without regard to any action that he may take thereon, and does not consist of the marking put on it by the clerk, but in placing it as a permanent record in the office, or case, where it belongs. Indeed the endorsement of the fact of'filing is only evidence that such filing has been made; and but only evidence thereof.
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Appeal from Mississippi County Circuit Court.—Hon. Frank Kelly, Judge. (1) The filing of a paper is the actual delivery of the paper to the clerk without regard to any action that he may take thereon, and does not consist of the marking put on it by the clerk, but in placing it as a permanent record in the office, or case, where it belongs. Indeed the endorsement of the fact of'filing is only evidence that such filing has been made; and but only evidence thereof. Lent v. Co., 130 N. Y. 504; Jones v. Wells, 3 Tex. App., Sec. 94; Grubbs v. Cones, 57 Mo. 83; State v. Hockaday, 98 Mo. 590;…
1Opinion of the CourtSturgis, J.
This is a suit on the official bond of the circuit clerk of Dunklin county, the defendant Turner being the clerk and the other defendants the sureties on his bond. The alleged breach of his bond relates to this clerk’s failure to perform the duties of his office in making a record or written notation showing the filing of the bill of exceptions in a personal injury case, entitled Rean A. Callier v. Chester, Perryville & Ste. Genevieve Railway Company, hereafter designated as the Callier case, and which was tried and judgment rendered against that defendant, relator here, in the court of which…
Also in this document: Concurrence.
2Cases cited27 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- Dorrance v. DorranceSupreme Court of Missouri · 1912
- Grubbs v. ConesSupreme Court of Missouri · 1874
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- McDaniel v. Columbus Fertilizer Co.Supreme Court of Georgia · 1899
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3Cited by4 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Ferguson v. LongSupreme Court of Missouri · 1937
- Harris v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
- State Ex Rel. McMillian v. GuinnSupreme Court of Missouri · 1925