Lincoln v. Milstead

Missouri Court of Appeals

Lincoln v. Milstead

38 Mo. App. 350, 1889 Mo. App. LEXIS 467

DecidedDecember 17, 1889

StatusPublished

This text of 38 Mo. App. 350 (Lincoln v. Milstead) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lincoln v. Milstead, 38 Mo. App. 350, 1889 Mo. App. LEXIS 467 (Mo. Ct. App. 1889).

Pincite

Opinion

Rombauer, P. J.,

delivered the opinion of the court.

The respondent produces the certificate of the clerk of the circuit court of Newton county, showing that judgment was rendered in this cause May 29, 1889, from which the defendant appealed to this court on June 1, 1889. A transcript of the record has been filed in the clerk’s office of this court by the appellant, but not fifteen days before the first day of the October term, as the law requires. The respondent moves to affirm the judgment, and no good cause to the contrary is shown, since, the fact that the appellant has on file a copy of the transcript, at the time the motion is made, is, under rule 22 of this court, no good cause in itself. It is, therefore, ordered that the judgment be affirmed.

All the judges concur.

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Rombauer, P. J.,

delivered the opinion of the court.

The respondent produces the certificate of the clerk of the circuit court of Newton county, showing that judgment was rendered in this cause May 29, 1889, from which the defendant appealed to this court on June 1, 1889. A transcript of the record has been filed in the clerk’s office of this court by the appellant, but not fifteen days before the first day of the October term, as the law requires. The respondent moves to affirm the judgment, and no good cause to the contrary is shown, since, the fact that the appellant has on file a copy of the transcript, at the time the motion is made, is, under rule 22 of this court, no good cause in itself. It is, therefore, ordered that the judgment be affirmed.

All the judges concur.

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Bluebook (online)

38 Mo. App. 350, 1889 Mo. App. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-v-milstead-moctapp-1889.