FINE v. WALDMAN MERCANTILE COMPANY

No. 32540.

412 S.W.2d 549 (1967)

Marvin FINE and Rosalind Fine, Plaintiffs-Appellants, v. WALDMAN MERCANTILE COMPANY, a Corporation, and Esther Miller, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

February 21, 1967.


Attorney(s) appearing for the Case

Adolph K. Schwartz, St. Louis, for appellants.

Gray & Sommers, C. Marshall Friedman, St. Louis, for respondents.


CLEMENS, Commissioner.

On this appeal two principles of appellate procedure come into conflict: the presumption that the trial court acted correctly, and the presumption that the transcript is correct and complete.

The defendants filed motions to dismiss plaintiffs' petition, charging that a prior action concerning the same subject matter was pending and that the plaintiffs could get relief only by counterclaims in the prior action. The trial court granted...

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