TaiLexi AI U.S. Case Law

Hatcher v. Moore

H. Hatcher v. J. B. Moore

Hatcher v. Moore, 51 Mo. 115 (1872)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1872
Judges
Adams, Bliss, Wagner
Citations
51 Mo. 115
Headnotes
I. Sill of Exceptions — Extension—Signing of. — A bill of exceptions cannot be signed after the extension agreed upon has expired. 2. Practice, civil — New trial — Exceptions—Appeal, eta. — Where no motion for new trial is filed, and the errors complained of arise upon the trial, and should be preserved by exceptions, appeal will not be entertained.
Summary
«Appeal from the St. Charles Circuit Court.

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

Opinion of the Court — Wagner

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

Wagner, Judge,

delivered the opinion of the court.

There is no bill of exceptions in this case, that we can notice. The bill was not prepared, allowed and signed within the *116 time agreed upon by tbe 'parties, and therefore there was no authority for signing it at all. (Ellis vs. Andrews, 25 Mo., 327 .) Again, what is fatal to the appellant’s case here, is, that no motion was filed for a new trial, and the errors complained of, were such as arose upon the trial, and should have been preserved by exceptions.

Judgment affirmed.

Judge Adams concurs. Judge Bliss absent.

How later courts describe this case

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

1874–1875: 11880–1881: 11888–1889: 21894–1895: 11898–1899: 11918–1919: 118742026peak 1888 · 2

Relies on it most ⓘ

  1. Cole v. Parker-Washington Co.207 S.W. 749 (Mo. 1918)
  2. Bevin v. Powell11 Mo. App. 216 (1881)
  3. Blount v. Zink55 Mo. 455 (1874)
  4. Lee v. United States1898 OK 67, 54 P. 792
  5. State v. Fletchall31 Mo. App. 296 (1888)
  6. Bartlett v. Veach30 S.W. 347 (Mo. 1895)

Most recent

  1. Cole v. Parker-Washington Co.207 S.W. 749 (Mo. 1918)
  2. Lee v. United States1898 OK 67, 54 P. 792
  3. Bartlett v. Veach30 S.W. 347 (Mo. 1895)
  4. Greene County ex rel. Baker v. Wilhite35 Mo. App. 39 (1889)
  5. State v. Fletchall31 Mo. App. 296 (1888)
  6. Bevin v. Powell11 Mo. App. 216 (1881)

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 1

DepthCaseCited by
Ellis v. Andrews, 25 Mo. 327 (1857) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list