Garrett v. Kansas City Coal Min. Co.
Decision Date | 01 July 1892 |
Citation | 20 S.W. 25,111 Mo. 279 |
Parties | Garrett v. Kansas City Coal Mining Company et al., Appellants |
Court | Missouri Supreme Court |
Appeal from Jackson Circuit Court.
Warner Dean & Hagerman for appellants.
Lipscomb & Rust and J. W. Beebe for respondent.
Respondent files a motion herein suggesting the insufficiency of the abstract of the record filed by appellants under rule 13 of this court, and insists that the appeal should be dismissed or the judgment affirmed as of a total failure to comply with said rule. The case was argued and submitted on its merits attorneys for respondent, on argument, renewing the objection on account of the alleged insufficiency of the abstract, but neither in motion nor on argument specifically pointing out material omissions from the evidence, nor did he undertake to supply the omissions by an additional or counter abstract.
These objections require an interpretation of the rule, or rather the determination of its practical application.
Rule 13 provides that
Rule 12 provides that respondent may, if he desire to do so, file a further or additional abstract, and rule 16 provides that, if any appellant in any civil case shall fail to comply with the rules requiring abstracts to be filed, the court, when the cause is called for hearing, will dismiss the appeal or writ of error; or at the option of the respondent continue the cause at the costs of the party in default.
The record in this case shows that the suit was in equity involving a question of fraud, and contains two hundred and seventy-five type-written pages, a large portion of it being the testimony of witnesses. The abstract contains forty-seven printed pages, about seventeen of which are taken up in pleadings and documentary evidence. This leaves about thirty pages occupied with the evidence of eight or ten witnesses several of them being parties to the suit, and testifying to transactions in which fraud was charged. No index whatever to the abstract was given. The rule was intended to relieve the court of the...
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