Rice v. McElhannon

Decision Date31 July 1871
PartiesELIZABETH G. RICE, Respondent, v. JOHN MCELHANNON AND BARRET LEMMONS, Appellants.
CourtMissouri Supreme Court

Appeal from Greene Circuit Court.

WAGNER, Judge, delivered the opinion of the court.

The respondent now brings into this court a perfect transcript of the record, and asks for an affirmance of the judgment rendered in the court below.

It appears that the appeal was allowed and taken in August, 1870, and that no steps have been taken by the appellants to prosecute the same; and as the action was on a promissory note, and the appeal seems to have been taken for delay, the judgment will be affirmed, with ten per cent. damages.

The other judges concur.

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4 cases
  • The State v. Borders
    • United States
    • Missouri Supreme Court
    • May 26, 1910
    ... ... part of the record. R. S. 1899, secs. 732 and 1592; Bobbs ... v. Ins. Co., 31 Mo. 499; Rice" v. McElhannon, 48 ... Mo. 224; Land Co. v. Martin, 125 Mo. 114 ...           ...           [228 ... Mo. 479] FOX, J ...   \xC2" ... ...
  • St. Clair Land & Imp. Co. v. Martin
    • United States
    • Missouri Supreme Court
    • November 26, 1894
    ...appeals, and where no satisfactory cause for such failure or default is exhibited. Boggs v. Insurance Co. (1862) 31 Mo. 499; Rice v. McElhannon (1871) 48 Mo. 224. But if good cause for the delay in filing the proper appellate record is shown, it is the constant practice of the court to refu......
  • Thornton v. Miskimmon
    • United States
    • Missouri Supreme Court
    • July 31, 1871
  • St. Clair County Land And Investment Company v. Martin
    • United States
    • Missouri Supreme Court
    • November 26, 1894
    ...and where no satisfactory cause for such failure or default is exhibited. Boggs v. America Ins. Co. (1862), 31 Mo. 499; Rice v. McElhannon (1871), 48 Mo. 224. But good cause for the delay in filing the proper appellate record is shown, it is the constant practice of the court to refuse to a......

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