COOTS v. PAYTON

No. 44269.

280 S.W.2d 47 (1955)

Dave COOTS, Plaintiff-Appellant, v. Bonnie PAYTON and D. Wayne Rowland, d/b/a The Seymour Citizen, Defendants-Respondents.

Supreme Court of Missouri. En Banc.

June 13, 1955.


Attorney(s) appearing for the Case

John Hosmer, Marshfield, John Newberry, Springfield, for appellant.

Haymes & Haymes, Ellsworth Haymes, Marshfield, Combs & Combs, J. Carrol Combs, Lamar, for respondents.


COIL, Commissioner.

Plaintiff-appellant has appealed from a judgment which, in effect, dismissed his three count amended petition in which he sought $60,000 actual and punitive damages from defendants-respondents for alleged libel.

Respondents have moved to dismiss the appeal on the ground that the transcript was filed out of time. The notice of appeal was filed February 13, 1954, and the transcript May 28, 1954, fourteen days beyond the expiration of 90 days...

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