Swank v. Swank
Decision Date | 31 October 1884 |
Citation | 85 Mo. 198 |
Parties | SWANK v. SWANK, Executor, Appellant. |
Court | Missouri Supreme Court |
Appeal from Mississippi Circuit Court.--HON. J. D. FOSTER, Judge.
APPEAL DISMISSED.
H. C. O'Bryan for appellant.
Smith & Krauthoff and R. A. Hatcher for respondent.
The judgment was rendered on the twelfth day of October, 1881, by the Mississippi circuit court, and leave was given to present bill of exceptions to the judge on or before the fifth day of the Scott circuit court. This was, by agreement of parties, entered of record and clearly enough gave defendant the right to file the bill within that time, which was done. Still it does not appear that any appeal was allowed by the court, and for this reason the cause must be stricken from the docket, and it is so ordered.
Henry, C. J., absent. The other judges concur.
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Crowe v. Corp. of Charlestown
... ... bills of exceptions may be signed and filed on or before a ... given date after the expiration of the term. Swank v ... Swank, 85 Mo. 198. But this is by virtue of a statute ... which expressly authorizes it to be done by agreement ... Thompson on Trials, ... ...
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... ... Western S. & W. Co. v. Glasner, ... 150 Mo. 426; Greenwood v. P. & O. Co., 98 Mo.App ... 407; Newman v. Biggs, 78 Mo. 675; Swank v. Swank, 85 ... ... [170 ... Mo.App. 75] ELLISON, J ... ... Plaintiff's action is to ... ...