Yost v. Silvers
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Charles D. Stewart, Judge. There is no patent or latent ambiguity in this contract and.it was the duty of the court to construe the contract and say what the parties meant, and it was error to submit the construction to the jury. Mathews v. Danahy, 26 Mo. App. 660; Greason y. Railroad,. 112 Mo. App. 116; Mantz v. Maguire, 52 Mo. App. 187; Fruin y.
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Appeal from the Scotland Circuit Court. — Hon. Charles D. Stewart, Judge. There is no patent or latent ambiguity in this contract and.it was the duty of the court to construe the contract and say what the parties meant, and it was error to submit the construction to the jury. Mathews v. Danahy, 26 Mo. App. 660; Greason y. Railroad,. 112 Mo. App. 116; Mantz v. Maguire, 52 Mo. App. 187; Fruin y. Railroad, 89 Mo. 397; Chapman v. Railroad, 114 Mo. 542; Soap Works v. Sayers, 55 Mo. App. 15; Thomas v. Insurance Co., 47 Mo. App. 169; Edwards v. Smith, 63 Mo. 119; 23 Am. and Eng. Ency. Law (2;Ed.),…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Respondents, plaintiffs below, challenge the jurisdiction of this court, claiming that no proper affidavit for an appeal had been filed. The affidavit for appeal is in the following form, after proper venue and title of the cause:
“N. M. Pettingill being duly sworn says that he is one of the attorneys for defendant and he says this appeal by defendant is not taken for vexation or delay, but because defendant is aggrieved by the judgment and decision of the court.”
It was sworn to before the clerk of the court, and the abstract shows that it was duly filed in court on…
2Cases cited1 opinion
- Pandjiris v. HartmanSupreme Court of Missouri · 1906
3Cited by4 opinions
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- Massachusetts Bonding & Ins. Co. v. Ray Dilschneider, IncCourt of Appeals for the Eighth Circuit · 1953
- Barker v. Lewis Publishing Co.Missouri Court of Appeals · 1910
- Levering Investment Co. v. LewisMissouri Court of Appeals · 1919