Legal Opinion

Cassidy v. City of St. Joseph

Supreme Court of Missouri

Decided December 24, 1912PublishedCited by 44 opinions

Appeal from Buchanan Circuit Court. — Row. G. A. Mosman, Judge. (1) Respondents cannot avail themselves of a motion to dismiss the appeal because of a defective affidavit (a), for the reason that the case has been argued and briefed and submitted upon its merits. Bridge and Const. Co. v. Railroad, 72 Mo. 664. (b) Because no complaint that the affidavit was defective was made to the trial court at the time the order granting the appeal was made.

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Appeal from Buchanan Circuit Court. — Row. G. A. Mosman, Judge. (1) Respondents cannot avail themselves of a motion to dismiss the appeal because of a defective affidavit (a), for the reason that the case has been argued and briefed and submitted upon its merits. Bridge and Const. Co. v. Railroad, 72 Mo. 664. (b) Because no complaint that the affidavit was defective was made to the trial court at the time the order granting the appeal was made. The complaint was made by respondents for the first time in the appellate court after the trial court had granted the appeal, thereby preventing…

1Opinion of the Court

BROWN, C.

This is an appeal from the order of the trial court sustaining a motion for a new trial after verdict for the defendant, on the ground of improper language used by defendant’s attorney in his argument to the jury.

The affidavit for appeal omits the words “vexation or” from the form'prescribed by the statute. The respondent has moved to dismiss the appeal for the reason of this omission, and the motion has been reserved for decision with the case. The transcript was filed in this court April 17, 1908. The appellant filed its abstract of the record and brief on December 29, 1911.…

Also in this document: Per curiam.

2Cases cited15 opinions

  1. Hayes v. City of OshkoshWisconsin Supreme Court · 1873
  2. Love v. City of AtlantaSupreme Court of Georgia · 1894
  3. Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
  4. Carrington v. City of St. LouisSupreme Court of Missouri · 1886
  5. Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906

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3Cited by44 opinions

  1. Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
  2. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  3. Jungerman v. City of RaytownSupreme Court of Missouri · 1996
  4. Gunther v. Board of County Road CommissionersMichigan Supreme Court · 1923
  5. Smith v. Consolidated School District No. 2Supreme Court of Missouri · 1966

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