Smith v. White

• Decision Date: 21 April 1885
• Citation: 17 Mo.App. 443
• Parties: M. G. SMITH ET AL., Respondents, v. A. WHITE, Appellant.
• Court: Missouri Court of Appeals

17 Mo.App. 443

M. G. SMITH ET AL., Respondents,

v.A. WHITE, Appellant.

St. Louis Court of Appeals, Missouri.

Apr. 21, 1885.

APPEAL from the St. Louis Circuit Court, BARCLAY, J.

Affirmed with ten per cent. damages.

H. L. CHRISTIE, for the respondent.

ROMBAUER, J., delivered the opinion of the court.

The record in this case presents nothing for review here. The appeal is wholly without merit, as no exceptions were saved by appellant to any rulings of the trial court. We have examined the record proper and find no error. The action is one against the maker of a promissory note, and the answer is a general denial unverified. The execution of the instrument is thus confessed. No assignment of errors or brief is filed by appellant in this court. Under such circumstances the conclusion is inevitable that the appeal was taken for the sole purpose of delay.

The judgment of the trial conrt, with the concur rence of all the judges, is affirmed with ten per cent. damages.