Disse v. Frank

Decision Date31 March 1873
Citation52 Mo. 551
PartiesHENRY DISSE, Respondent, v. JACOB FRANK, Appellant.
CourtMissouri Supreme Court

Appeal from St. Louis Circuit Court.

WAGNER, Judge, delivered the opinion of the court.

In this case the only paper filed is a stipulation by the attorneys, by which they agree to submit the case for decision upon the record. This practice cannot be endured. As they have entirely failed to comply with the law in filing a statement and brief, the appeal will be dismissed.

The other Judges concur, except Judge Sherwood, who is absent.

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27 cases
  • Schwartzman v. London & Lancashire Fire Ins. Co., Limited, of Liverpool, England
    • United States
    • Missouri Supreme Court
    • February 4, 1928
    ...is of such importance that we have held that they cannot be waived by the consent of the parties. [Hays v. Foos, 223 Mo. 421; Disse v. Frank, 52 Mo. 551.] recognition of this statute (Sec. 1511) and of our Rule 15 this court has affirmed judgments or dismissed appeals in numerous cases beca......
  • Schwartzman v. Fire Insurance Co.
    • United States
    • Missouri Supreme Court
    • February 4, 1928
    ...is of such importance that we have held that they cannot be waived by the consent of the parties. [Hays v. Foos, 223 Mo. 421; Disse v. Frank, 52 Mo. 551.] In recognition of this statute (Sec. 1511) and of our Rule 15 this court has affirmed judgments or dismissed appeals in numerous cases b......
  • State ex rel. And To Use of Kansas City Light & Power Co. v. Trimble
    • United States
    • Missouri Supreme Court
    • February 9, 1922
    ...to comply with Rule 15 of the court, as well as a failure to file an adequate statement under Rule 16. In that case the court cited Disse v. Frank, 52 Mo. 551, which counsel merely stipulated that the Supreme Court should dispose of the case on the record. No brief was filed. In Lawson v. M......
  • State v. Trimble
    • United States
    • Missouri Supreme Court
    • February 9, 1922
    ...to comply with rule 15 of the court, as well as a failure to file an adequate statement under rule 16. In that case the court cited Disse v. Frank, 52 Mo. 551, in which counsel merely stipulated that the Supreme Court should dispose of the case on the record. No brief was filed. In Lawson v......
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