Cody v. Gutman

• Decision Date: 23 March 1897
• Citation: 39 S.W. 1116,138 Mo. 250
• Parties: Cody et al. v. Gutman, Appellant
• Court: Missouri Supreme Court

39 S.W. 1116

138 Mo. 250

Cody et al. v. Gutman, Appellant

Supreme Court of Missouri, First Division

March 23, 1897

Barclay, P. J., and Macfarlane and Brace, JJ.Judge Robinson, is absent, concur.

OPINION

Per Curiam

In this cause an appeal was taken in the circuit court(and duly allowed) to the St. Louis Court of Appeals.But, by mistake or oversight, the transcript of the record was sent to the Supreme Court, and the case was filed and placed on the docket here.As this was entirely irregular, the motion of defendant, as appellant, to transfer to the court of appeals aforesaid is granted.R. S. 1889, sec. 3300.All the members of the first division except Judge Robinson, who is absent, concur.