Cases Determined By the St. Louis, Kansas City And Springfield Courts of Appeals of the State of Missouri .. 52
Cases Determined By the St. Louis, Kansas City And Springfield Courts of Appeals of the State of Missouri .. 52
Missouri. Courts of Appeals. [from Old Catalog]
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69. Our interpretation of this section, as thus amended, is that, after an appellant directs the clerk to make out a perfect transcript he can await a notice from the clerk that the transcript is completed, and until such notice he is not in default. II. At the time of the second extension the court added to the order the following words: *'But this extension iJi nowise to extend time for filing transcript in the Kansas? City Court of Appeals." We are unable to perceive how this order can alter... the duty of the clerk, or aflEect the party entitled to a performance of such duty, and to rely upon its performance. The motion to affirm is overruled. All concur. ON MERITS. Smith, P. J. — This is an action on an attachment bond. The relator had judgment, and the defendants appeal. The first ground of the defendants' appeal is, that the trial court erred in refusing a continuance of the cause on their motion. It appears from the record that after the jury had been sworn to try the case the relator asked and was granted leave to amend her peti- tion.
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