Jayne v. Wine

Decision Date24 June 1889
Citation98 Mo. 404,11 S.W. 969
PartiesJAYNE v. WINE.
CourtMissouri Supreme Court

Appeal from circuit court, Scotland county; BEN E. TURNER, Judge.

McKee & Jayne, for appellant. F. T Hughes, for respondent.

BLACK, J.

This was a suit to enjoin and restrain the collection of certain taxes for the years 1878 and 1881. That the county court had the power to levy the tax does not seem to be denied, but the relief is asked on the ground of irregularities on the part of the assessor and county clerk; and, among other things, it is alleged that the assessor did not verify the assessment books by his affidavit. The abstracts are so deficient that we are not able to determine from them what the facts are in respect of these alleged irregularities, and for this reason we feel in duty bound to affirm the judgment, without passing upon the merits of the case. Consolidated rules 15 and 16 require the appellant or plaintiff in error to set forth in his abstract so much of the record as is necessary to a full understanding of all the questions presented to this court for its decision. In this case there is no effort on the part of appellant to set out the record or any part of it. All we have is the statement of counsel, in six or seven lines, of what he believes to be the proper conclusions to be drawn from the evidence, which is no compliance with our rules, either in letter or spirit. The material portions of the evidence should be set in the abstract as it appears in the record, so that we can see what it is, and make our own deductions. The present state of our docket makes it all-important that we require a fair compliance with these rules; and, that not having been done, we are all agreed that the judgment should be affirmed, and it is so ordered.

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13 cases
  • Hermann Savings Bank v. Kropp
    • United States
    • Missouri Supreme Court
    • December 8, 1915
    ...has been adjudged where the abstract which was duly filed has been held insufficient. Long v. Long, 96 Mo. 180, 8 S. W. 766; Jayne v. Wine, 98 Mo. 404, 11 S. W. 969; Craig v. Scudder, 98 Mo. 664, 12 S. W. 341. But the weight of authority shows the practice to be to dismiss the appeal; and, ......
  • Snyder v. Wagner Electric Manufacturing Company
    • United States
    • Missouri Supreme Court
    • July 19, 1920
    ...or the appeal dismissed, if such requirements have any meaning worth enforcing. R. S. 1909, sec. 2080; Long v. Long, 96 Mo. 180; Jayne v. Wine, 98 Mo. 404; Clements Turner, 162 Mo. 466; Bank v. Kropp, 266 Mo. 218. (2) The motion in arrest was not well taken. The petition states a cause of a......
  • Herman Savings Bank v. Kropp
    • United States
    • Missouri Supreme Court
    • December 8, 1915
    ... ... duly filed has been held insufficient. [Long v ... Long, 96 Mo. 180, 8 S.W. 766; Jayne v. Wine, 98 ... Mo. 404, 11 S.W. 969; Craig v. Scudder, 98 Mo. 664, ... 12 S.W. 341.] But the weight of authority shows the practice ... to be to ... ...
  • Danforth v. Lindell Ry. Co.
    • United States
    • Missouri Supreme Court
    • June 18, 1894
    ...taken at the trial, although an examination of the briefs of counsel reveals that respondent interposed no such point. In Jayne v. Wine (1889) 98 Mo. 404, 11 S. W. 969, the present learned chief justice, speaking for the court, affirmed a judgment because the printed abstracts were consider......
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