(DOWNLOAD) "John Weinbrenner v. A. J. Mccall" by St. Louis District Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: John Weinbrenner v. A. J. Mccall
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 21, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an action to recover the sum of $1,200 claimed to have been loaned by the decedent, J. R. Weinbrenner, to the defendant.
The suit originated in the Magistrate Court of the City of St. Louis, where a judgment was rendered in favor of defendant.
On appeal by plaintiff to the Circuit Court the case was tried de novo by the court alone, a jury having been waived, and
resulted in a judgment for plaintiff. Following an unavailing motion for a new trial, defendant appealed. Plaintiff has not favored us with a brief, but has filed a motion to dismiss the defendant's appeal for failure to comply
with former Supreme Court Rule 1.08, now Rule 83.05, V.A.M.R. The motion is well taken. Both the new and the old rule expressly
provide that the appellant's brief shall contain a fair and concise statement of facts. That part of defendant's brief denominated
"Statement of Facts" is totally devoid of any statement of facts. Instead, there is set forth only the petition, recitals
concerning the record entry of the court's findings and Conclusions, the findings and Conclusions, and additional recitals
regarding the filing by defendant of his motion for a new trial and the court's action thereon.