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Dale ex rel. Dale v. Patterson

Samuel T. Dale, by his next Friend Carter Dale, in Error v. Bryant N. Patterson, in Error

Dale ex rel. Dale v. Patterson, 63 Mo. 98 (1876)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
May 15, 1876
Judges
Except, Napton, Other, Tories, Who
Citations
63 Mo. 98
Headnotes
1. Bill of exceptions — Failure to file during time agreed on after adjournment.— Where a party fails to file liis bill of exceptions within the time allowed him after adjournment of court, the judgment will be affirmed.
Summary
Error to Clay 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 — Napton

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Napton, Judge,

delivered the opinion of the court.

There is no bill of exceptions in this case properly in the record according to the settled rule of this court. The plaintiff was allowed twenty days within which to file his bill of exceptions after *99 the adjournment of court, which occurred on the 12th November, and the bill was not filed till the 5th day of December. (See West vs. Fowler, 59 Mo. 40 .)

The judgment must therefore he affirmed.

The’ other judges concur, except Judge Tories, who is absent.

How later courts describe this case

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

1884–1885: 11886–1887: 11888–1889: 118842026peak 1884 · 1

Relies on it most ⓘ

  1. Cuomo v. City of St. Joseph24 Mo. App. 567 (1887)
  2. Bank of North America v. Fletcher15 Mo. App. 272 (1884)
  3. Stevens v. Stevens35 Mo. App. 50 (1889)

Most recent

  1. Stevens v. Stevens35 Mo. App. 50 (1889)
  2. Cuomo v. City of St. Joseph24 Mo. App. 567 (1887)
  3. Bank of North America v. Fletcher15 Mo. App. 272 (1884)

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
West v. Fowler, 59 Mo. 40 (1875) 11

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