School District No. 1 v. Boyle
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. STATEMENT. This cause was transferred to this court from the Supreme Court. It originated in the circuit court of Oregon county.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. STATEMENT. This cause was transferred to this court from the Supreme Court. It originated in the circuit court of Oregon county. The petition counts upon a building contract and bond and in substance alleges that defendant Boyle, a contractor and builder entered into a contract with plaintiff school district, whereby he was to erect for plaintiff a certain brick school building as provided in said contract; that the other defendants are sureties on the bond for the faithful performance of the contract; that defendant failed to erect…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It has frequently been decided in this State that unless the bill of exceptions is filed within the time granted by the Court for that purpose, it will not be noticed in the appellate court. [State v. Harris, 121 Mo. 445, 26 S. W. 558; Butler County v. Graddy, 152 Mo. 441, 54 S. W. 219; Dorman v. Coon, 119 Mo. 68, 24 S. W. 731; Girdner v. Bryan, 94 Mo. App. 27, 67 S. W. 699; State v. Britt, 117 Mo. 584, 23 S. W. 771; State v. Apperson, 115 Mo. 470, 22 S. W. 375; State v. Scott, 113 Mo. 559, 20 S. W. 1076.]
It has also been frequently decided that in cases of this…
2Cases cited16 opinions
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1899
- Ricketts v. HartSupreme Court of Missouri · 1899
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- State v. HarrisSupreme Court of Missouri · 1894
- Lawson v. MillsSupreme Court of Missouri · 1899
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3Cited by2 opinions
- Bradbury v. KernsMissouri Court of Appeals · 1905
- Walsh v. PattersonMissouri Court of Appeals · 1909