Town of Kirkwood v. Cairns
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. The court erred in giving plaintiff’s instruction, numbered 2. The City of St. Louis v. Stern, 3 Mo. App. 48 ; The City of St. Louis v. Schnuclcelberg, 7 Mo.
Read the full summary
Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. The court erred in giving plaintiff’s instruction, numbered 2. The City of St. Louis v. Stern, 3 Mo. App. 48 ; The City of St. Louis v. Schnuclcelberg, 7 Mo. App. 536 ; Wood’s Law of Nuisances [2 Ed.] secs. 744, 564, 571; Yales v. Milwaukee, 10 Wall. 497. The transcript contains no legal bill of exceptions, and the only errors that can be taken advantage of, if any, are those appearing on the record proper. As there are no errors claimed by appellants on record proper, the judgment of the circuit court should be…
1Opinion of the CourtThompson, J.
The first question which we have to determine is, whether there is in this record a bill of exceptions such as we can consider. At the close of what purports to be the bill of exceptions there is the usual recital that “they, therefore, pray the court to allow and sign this bill of exceptions, and that the same may be signed and sealed and made a part of the record, which is done this eighth day of March, 1890.” Then follow, above the signature of the judge, these words : “ Signed with the understanding and consent on the part of the defendant, that it is subject to revision of Mr. Bodley…
2Cases cited6 opinions
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Saxton v. City of St. JosephSupreme Court of Missouri · 1875
- City of St. Louis v. SternMissouri Court of Appeals · 1876
- Carroll v. City of St. LouisMissouri Court of Appeals · 1877
- Steinmeyer v. City of St. LouisMissouri Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Douglas v. Kansas CitySupreme Court of Missouri · 1898
- Stevens v. Kansas CitySupreme Court of Missouri · 1898
- Forbs v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904
- Hill v. City of St. LouisSupreme Court of Missouri · 1900