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Murrell v. McGuigan

Murrell v. McGuigan, 49 S.W. 984 (Mo. 1899)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
February 21, 1899
Judges
Buegess, Gantt, Shebwood
Citations
49 S.W. 984148 Mo. 3341899 Mo. LEXIS 146
Disposition
Appeal dismissed.
Headnotes
Appellate Practice: failure to file complete abstract: dismissal. Eules 11, 12 and 13 of the'Supreme Court require that an appellant shall file a printed abstract of the pleadings and record, with a complete index at the end. And for appellant’s failure to comply with those rules in this case, his appeal is dismissed.
Summary
Transferred from St. Louis Gourt of Appeals. (1) If the appellant wishes to have his supposed grievances passed upon and adjudicated by this court, it is his duty to have all the necessary papers and facts before the court as provided by the statutes, the rules of court and the law, and for neglect or failure to do so, he must suffer the penalty of having the judgment against him affirmed or his appeal dismissed. Disse v. Erank, 52 Mo. 551; Snyder y. Eree, 102 Mo. 325; Thompson v. Allen, 107 Mo, 479; Cunningham v. Eailroad, 110 Mo. 208; Garrett y. Coal and Mining Co., Ill Mo. 279; Brand y. Cannon,118 Mo.595;. Jungeman y. Brewing Co., 38 Mo. App. 458.

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

Opinion of the Court — Buegess

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

BUEGESS, J.

This is an election contest for a seat in the house of delegates, held in the nineteenth ward of the-city of St. Louis, on the second day of April, 1895.

Plaintiff had judgment in the trial court, whereupon defendant appealed to the St. Louis Court of .Appeals, by which the cause was certified to this court because of its. want of jurisdiction, a constitutional question being inyolyed.

The appellant has failed to comply with rules 11, 12 and 13 of this court, requiring the filing of a printed abstract of the pleadings and record, with “a complete index at the end,” and we therefore dismiss the appeal. [Cunningham v. Railroad, 110 Mo. 208 ; Garrett v. Kansas City Coal Mining Co., 111 Mo. 279 ; Brand v. Cannon, 118 Mo. 595 ; Snyder v. Free, 102 Mo. 325 ; Long v. Long, 96 Mo. 180 ;, Craig v. Scudder, 98 Mo. 664 .]

GaNtt, P. J., and Shebwood, J., concur.

How later courts describe this case

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

1899: 11905: 31915: 11925: 11936: 11938: 118992026peak 1905 · 3

Relies on it most ⓘ

  1. Payne v. Payne89 S.W.2d 665 (Mo. 1936)
  2. Pruett v. Milgram Food Stores, Inc.112 S.W.2d 371 (Mo. Ct. App. 1938)
  3. Vandeventer v. Goss88 S.W. 610 (Mo. 1905)
  4. State Ex Inf. Attorney-General v. Parrish270 S.W. 688 (Mo. 1925)
  5. Manuel v. St. Louis & San Francisco Railroad85 S.W. 551 (Mo. 1905)
  6. Foster v. Vernon County51 S.W. 725 (Mo. 1899)

Most recent

  1. Pruett v. Milgram Food Stores, Inc.112 S.W.2d 371 (Mo. Ct. App. 1938)
  2. Payne v. Payne89 S.W.2d 665 (Mo. 1936)
  3. State Ex Inf. Attorney-General v. Parrish270 S.W. 688 (Mo. 1925)
  4. Herman Savings Bank v. Kropp181 S.W. 86 (Mo. 1915)
  5. Mitchell v. Mitchell90 S.W. 1147 (Mo. 1905)
  6. Vandeventer v. Goss88 S.W. 610 (Mo. 1905)

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 6

DepthCaseCited by
Brand v. Cannon, 24 S.W. 434 (Mo. 1893) 20
Garrett v. Kan. City Coal Mining Co., 20 S.W. 25 (Mo. 1892) 15
Long v. Long, 96 Mo. 180 (1888) 12
Craig v. Scudder, 98 Mo. 664 (1889) 12
Snyder v. Free, 102 Mo. 325 (1890) 12
Cunningham v. Union Pac. Ry. Co., 19 S.W. 822 (Mo. 1892) 5

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