Coleman v. Farrar

Citation14 S.W. 825
PartiesCOLEMAN v. FARRAR.
Decision Date15 December 1890
CourtUnited States State Supreme Court of Missouri

Rev. St. Mo. 1879, § 3773, requires that on appeal "each party shall * * * make out and furnish the court with a clear and concise statement of the case." A statement on appeal was to the effect that the case originated in the probate court, and was thence appealed to the circuit court; and it referred for further proceedings to the transcript filed in the circuit court. Held, that the statement is insufficient, and the appeal will be dismissed.

Appeal from circuit court, Johnson county; CHARLES W. SLOAN, Judge.

Samuel P. Sparks, for appellant. W. W. Wood, for respondent.

SHERWOOD, J.

Section 3773, Rev. St. 1879, requires that "each party shall * * * make out and furnish the court with a clear and concise statement of the case," etc. This mandate of the statute has not been complied with in this case. The only effort at a statement is something to the effect that the case originated in the probate court of Johnson county, and went thence by appeal to the circuit court, and then we are referred to the "transcript" filed in the circuit court. We do not propose to relieve parties from complying with this statutory command, or to make the statement ourselves. Ebersole v. Rankin, 13 S. W. Rep. 756, (decided last April term,) and cases cited. We therefore dismiss the appeal. All concur.

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6 cases
  • State v. Wynne
    • United States
    • Missouri Supreme Court
    • September 5, 1944
    ... ... Whitmer, 31 Penn. St. 243; ... Hamilton v. Henderson, 117 S.W.2d 379; National ... Life Ins. Co. v. Jayne, 132 F.2d 358; Coleman v ... Farrar, 112 Mo. 54, 14 S.W. 825. (2) Upon fundamental ... legal principle, under precise precedent in courts of last ... resort, under ... ...
  • State v. Wynne, 38548.
    • United States
    • Missouri Supreme Court
    • September 5, 1944
    ...Penn. St. 243; Hamilton v. Henderson, 117 S.W. (2d) 379; National Life Ins. Co. v. Jayne, 132 F. (2d) 358; Coleman v. Farrar, 112 Mo. 54, 14 S.W. 825. (2) Upon fundamental legal principle, under precise precedent in courts of last resort, under construction by federal courts of the federal ......
  • State ex rel. And To Use of Kansas City Light & Power Co. v. Trimble
    • United States
    • Missouri Supreme Court
    • February 9, 1922
    ...which prescribed a dismissal of the appeal as the penalty for failure to file a statement. In Ebersole v. Rankin, 13 S.W. 756; Coleman v. Farrar, 14 S.W. 825, and Snyder v. Free, 102 Mo. 325, 14 S.W. 875, it appears that appeals were dismissed by this court for want of a sufficient statemen......
  • State v. Trimble
    • United States
    • Missouri Supreme Court
    • February 9, 1922
    ...a dismissal of the appeal as the penalty for failure to file a statement. In Ebersole v. Rankin (Mo. Sup.) 13 S. W. 756, Coleman v. Farrar (Mo. Sup.) 14 S. W. 825, and in Snyder v. Free, 102 Mo. 325, 14 S. W. 875, it appears that appeals were dismissed by this court for want of a sufficient......
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