Foster v. Sayman
| Decision Date | 03 July 1916 |
| Docket Number | No. 19,356.,19,356. |
| Citation | 187 S.W. 1198 |
| Parties | FOSTER v. SAYMAN. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; James E. Withrow, Judge. Action by William H. Foster, administrator of the estate of Bertram J. Bussiere, deceased, against T. M. Sayman. Judgment for defendant, dismissing the action, was affirmed by the Court of Appeals (181 S. W. 1186) and plaintiff appeals. Affirmed.
Charles A. Houts and Frank A. Habig, both of St. Louis, for appellant. Matt G. Reynolds, Thos. B. Harlan, and George E. Mix, all of St. Louis, for respondent.
This cause was transferred here by the St. Louis Court of Appeals because one of the judges deemed the decision of the majority in that court contrary to the decision of this court in Foster, Adm'r, v. Sayman, 257 Mo. 303, 165 S. W. 796. After an examination of the majority and dissenting opinions in the case (Foster v. Sayman, 181 S. W. 1186 et seq.), we conclude there is no conflict with the decision mentioned, and that the majority opinion of the St. Louis Court of Appeals is the law of the case. In that opinion the authorities are cited and discussed, and, we think, correctly applied to the facts in the record. It is unnecessary to do more than refer to that opinion. For the reasons given in it the judgment is affirmed.
BOND, J., not sitting. WOODSON, C. J., absent.
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Gosnell v. Gosnell
...court so intended and that plaintiff's counsel so understood. Compare Foster v. Sayman, Mo.App., 181 S.W. 1186, 1189; affirmed, Mo., 187 S.W. 1198. So, the instant appeal necessarily is from the judgment of dismissal on January 27, 1959, and from that judgment The order of August 27, 1958, ......
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State v. Taylor
...must have its attention called thereto by motion for a new trial and thus be given an opportunity to correct its own error. Foster v. Sayman (Mo. Sup.) 187 S. W. 1198; Maplegreen Realty Co. v. Trust Co., 237 Mo. 350, 141 S. W. 621; State to the use of Russell v. Fargo et al., 151 Mo. 280, 5......
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