Johnson v. Greenleaf

Supreme Court of Missouri

Johnson v. Greenleaf

73 Mo. 671

DecidedApril 15, 1881

StatusPublished

This text of 73 Mo. 671 (Johnson v. Greenleaf) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Greenleaf, 73 Mo. 671 (Mo. 1881).

Pincite

Opinion

Sherwood, O. J.

Suit to foreclose a mortgage. It is impossible that we examine into the merits of this cause, for these reasons : Plaintiff' had judgment at the November term, 1875, when defendants filed their motion for a new trial, which was denied at the May term, 1876. Defendants, during that term, but when does not appear, filed their motion in arrest, which was then also denied. At the November term, 1877, defendants, without any record consent, filed their bill of exceptions. Even had the bill been filed in time, as the instructions have not been preserved, we could not discover on what theory the cause was tried. No error is discovered in the record proper. Therefore, judgment affirmed.

All concur; except Norton, J., absent.

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Sherwood, O. J.

Suit to foreclose a mortgage. It is impossible that we examine into the merits of this cause, for these reasons : Plaintiff' had judgment at the November term, 1875, when defendants filed their motion for a new trial, which was denied at the May term, 1876. Defendants, during that term, but when does not appear, filed their motion in arrest, which was then also denied. At the November term, 1877, defendants, without any record consent, filed their bill of exceptions. Even had the bill been filed in time, as the instructions have not been preserved, we could not discover on what theory the cause was tried. No error is discovered in the record proper. Therefore, judgment affirmed.

All concur; except Norton, J., absent.

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Bluebook (online)

73 Mo. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-greenleaf-mo-1881.