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Fischer v. Mayor of Liberty

JOHN FISCHER v. THE MAYOR, COUNCILMEN AND CITIZENS OF THE CITY OF LIBERTY

Fischer v. Mayor of Liberty, 87 S.W. 601 (Mo. Ct. App. 1905)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
May 22, 1905
Judges
Johnson
Citations
87 S.W. 601112 Mo. App. 6861905 Mo. App. LEXIS 178
Disposition
Affirmed.
Headnotes
APPELLATE PRACTICE: Abstract: Instructions: Long Form. Instructions cannot be considered in the appellate court unless they are set out in the abstract and the action of the court thereon indicated, and this is true even though the appeal be by full transcript.
Summary
Appeal from Clay Circuit Court. — Eon. J. W. Alexander, Judga

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Johnson

Text extracted by OCR from a scanned original; check the original for exact wording.

JOHNSON, J.

This is a suit to recover damages for the alleged unlawful destruction of certain shade trees situated along the curb line of the sidewalk in front of plaintiff’s property. The jury found for plaintiff and defendants appealed from the judgment rendered.

All of the errors claimed relate to the action of the court in the giving and refusal of instructions. No instructions are set out in the abstract filed, nor does it appear therefrom that instructions were asked by either party. The abstract further fails to show an exception taken to the overruling of defendants!’ motion for a new trial. The appeal is by the “long form” but this does not dispense with the requirement enforced by all the appellate courts in the State, that the abstract contain so much of the record as is necessary to a full understanding of all of the questions presented to the court for decision.

*687 No exceptions taken at the trial upon which, reversal is sought are before us. Our consideration of the case is confined to the record proper; and in this no error is perceived nor claimed.

The judgment is affirmed.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 21911: 219102026peak 1910 · 2

Relies on it most ⓘ

  1. Grubbs v. Watkins125 S.W. 214 (Mo. Ct. App. 1910)
  2. Glass v. Carey141 S.W. 719 (Mo. Ct. App. 1911)
  3. Cardwell v. Conner125 S.W. 234 (Mo. Ct. App. 1910)
  4. Davis v. Bank of Alton137 S.W. 18 (Mo. Ct. App. 1911)

Most recent

  1. Glass v. Carey141 S.W. 719 (Mo. Ct. App. 1911)
  2. Davis v. Bank of Alton137 S.W. 18 (Mo. Ct. App. 1911)
  3. Grubbs v. Watkins125 S.W. 214 (Mo. Ct. App. 1910)
  4. Cardwell v. Conner125 S.W. 234 (Mo. Ct. App. 1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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