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60 Mo. App. 288

Shewalter v. McGrew

Missouri Court of Appeals

Decided January 14, 1895

Missouri Court of Appeals · decided 1895-01-14

— Hon. Richabd Field, Judge. . (1) The exceptions were saved by motions for new trial and in arrest of judgment, filed within four days after trial and verdict. 1 R. S. 1889, p. 579, sec. 2243; Demske v. Hunter, 23 Mo. App. 469; Bank v. Thomas, 2 Mo. App. 367; Patchen v. Bonsack, 52 Mo. 432; Bank v. Williams, 46 Mo. 17; Tidd’s Practice [4 Am. Ed.], side page 903, and cases cited. It will avail nothing to file the motion with the clerk in vacation.

Cited by 1 later decisions — most recently May 1895

1 state decisions

Relies on Beckmann v. Phœnix Insurance

Good law ✅— No negative treatment on recordhow we know

Afeibmed · Decided 1895-01-14

View the full empirical analysis of this case →

Ellison, J.

¶1Plaintiff sued the defendant for legal services rendered in Ms behalf and recovered judgment in the trial court for $1,161.85. The verdict of the jury was rendered on the twenty-ninth day of December, 1893. On the next day the court adjourned over to the twenty-ninth day of January, 1894, on which latter day the defendant filed his motion for new trial. This was too late. The motion for new trial must be filed within four days — that is, four working days, but this does not mean that these days must be composed of such days as the court may be in actual session. If the court does not adjourn the term, but merely adjourns over to a certain other day, the time for filing motions for new trial runs as though this adjournment over had not occurred. Beckman v. Ins. Co., 49 Mo. App. 604. And so the supreme court has recently held.

¶2The case is thus left without any matter of exception and we have only to examine the record proper. We discover no error in the latter, and hence can only affirm the judgment.

All concur.
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