Prueliage v. De Seaton Corp., 380 S.W.2d 403 (Mo. 1964). · Go Syfert
Prueliage v. De Seaton Corp., 380 S.W.2d 403 (Mo. 1964). Cases Citing This Book View Copy Cite
75 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Nathan (mo, 2013-07-30)
Treatment trajectory · 1966 → 2026 · click a year to view as-of
1966 1996 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Nathan
Mo. · 2013 · confidence medium
State v. Brookshire, 325 S.W.2d 497, 500 (Mo. banc 1959) ("questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned”); Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo. banc 1964) (appellant cannot expand the issues presented for review simply by discussing issues within the body of the argument).
discussed Cited as authority (rule) Montgomery v. Wilson
Mo. Ct. App. · 2011 · confidence medium
W.D.2010); Pru ellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964) ("The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal....”).
discussed Cited as authority (rule) In Re the Care & Treatment of Van Orden (2×)
Mo. · 2008 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo. banc 1964).
discussed Cited as authority (rule) Burns v. Elk River Ambulance, Inc.
Mo. Ct. App. · 2001 · confidence medium
JEMS asserts that “the filing of such affidavit is a condition precedent to the trial court assuming jurisdiction over a medical malpractice cause of action.” Initially we note that appellate review is limited to those issues presented in an appellant’s points, Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964); Don L.
cited Cited as authority (rule) Ulmanis v. Ulmanis
Mo. Ct. App. · 2000 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Schmidt v. Warner, 955 S.W.2d 577, 583 [5] (Mo.App.
cited Cited as authority (rule) Hocker Oil Co. v. Barker-Phillips-Jackson, Inc.
Mo. Ct. App. · 1999 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964).
cited Cited as authority (rule) Gaar v. Gaar's Inc.
Mo. Ct. App. · 1999 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Schmidt v. Warner, 955 S.W.2d 577, 583 [5] (Mo.App.
cited Cited as authority (rule) Schmidt v. Warner
Mo. Ct. App. · 1997 · confidence medium
Pruellage v. De Seaton *584 Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Greene County Concerned, Citizens v. Board of Zoning Adjustment of Greene County, 873 S.W.2d 246, 255 [3] (Mo.App.
discussed Cited as authority (rule) Lucky v. Sears Roebuck and Co., Inc.
Mo. Ct. App. · 1997 · confidence medium
A question not presented in an appellant’s brief “ ‘will be considered abandoned on appeal and no longer an issue in the case.’ ” Tice v. Tice, 872 S.W.2d 148, 149 (Mo.App.1994) (quoting Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964)).
discussed Cited as authority (rule) Burk v. Burk
Mo. Ct. App. · 1996 · confidence medium
On this appeal this court must, and does, confine its review to the “points relied on.” Rule 84.04(d); Tice v. Tice, 872 S.W.2d 148, 149 (Mo.App.1994). “ ‘The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.’ ” Id. (quoting Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964)).
cited Cited as authority (rule) In Re Marriage of Flud
Mo. Ct. App. · 1996 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Greene County Concerned Citizens v. Board of Zoning Adjustment of Greene County, 873 S.W.2d 246, 255 [3] (Mo.App.
discussed Cited as authority (rule) Tri-State Motor Transit Co. v. Holt
Mo. Ct. App. · 1996 · confidence medium
A question not presented in an appellant’s brief ‘“will be considered abandoned on appeal and no longer an issue in the case.’ ” Tice v. Tice, 872 S.W.2d 148, 149 (Mo.App.1994) (quoting Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964).
cited Cited as authority (rule) Meadows v. Jeffreys
Mo. Ct. App. · 1996 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964).
cited Cited as authority (rule) Waldorf Investment Co. v. Farris
Mo. Ct. App. · 1996 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964); Woodfill v. Shelter Mut.
cited Cited as authority (rule) Amyx v. Collins
Mo. Ct. App. · 1996 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964).
cited Cited as authority (rule) Coffelt v. Hunt
Mo. Ct. App. · 1995 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964); Don L.
discussed Cited as authority (rule) Tindall v. Holder
Mo. Ct. App. · 1994 · confidence medium
LARRY’S APPEAL — COUNT I OF COUNTERCLAIM — NO. 19018 Initially we note that appellate review is limited to those issues presented in an appellant’s points, Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964); Don L.
discussed Cited as authority (rule) Humphrey v. Sisk
Mo. Ct. App. · 1994 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the ease.” Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964).
discussed Cited as authority (rule) Tice v. Tice
Mo. Ct. App. · 1994 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the ease.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
cited Cited as authority (rule) Greene County Concerned Citizens v. Board of Zoning Adjustment
Mo. Ct. App. · 1994 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Mashburn v. Tri-State Motor Transit Co., 841 S.W.2d 249, 252 [4] (Mo.App.S.D.1992).
cited Cited as authority (rule) Home of Hope, Inc. v. McDonald
Mo. Ct. App. · 1993 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964).
cited Cited as authority (rule) New Medico Associates, Inc. v. Snadon
Mo. Ct. App. · 1993 · confidence medium
Pruellage v. DeSeaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964); Don L.
cited Cited as authority (rule) Hendrix v. McField
Mo. Ct. App. · 1993 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964).
cited Cited as authority (rule) McCoo v. State
Mo. Ct. App. · 1992 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Engel v. Stone, 798 S.W.2d 517, 518 (Mo.App.1990); Nelson v. City of Chester, Ill., 733 S.W.2d 28, 29 (Mo.App.1987).
discussed Cited as authority (rule) O'Connor v. State Farm Mutual Automobile Insurance Co.
Mo. Ct. App. · 1992 · confidence medium
Because our review is limited to the claims of error presented in the points relied on, Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Gover v. Empire Bank, 574 S.W.2d 464, 468 [1] (Mo.App.1978), we need not consider whether the judgment might be vulnerable to any other attack.
cited Cited as authority (rule) In Re Marriage of Caby
Mo. Ct. App. · 1992 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Smith v. Welch, 611 S.W.2d 398, 399 [1] (Mo.App.1981).
cited Cited as authority (rule) Wood v. Schmachtenberger
Mo. Ct. App. · 1991 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Gover v. Empire Bank, 574 S.W.2d 464, 468 [1] (Mo.App.1978).
discussed Cited as authority (rule) Wilson v. Brewster
Mo. Ct. App. · 1991 · confidence medium
The question raised is whether or not the trial court erred in ordering a specific dollar amount “at this point”. “ ‘The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.’ Pruellage v. DeSeaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
discussed Cited as authority (rule) Engel v. Stone
Mo. Ct. App. · 1990 · confidence medium
The lots were sold subject to certain restrictions, including the one involved here, which provided, in pertinent part: “No trucks permitted, except ½ ton or less.” After an evidentiary hearing the trial court entered its order that “defendants are and shall be permanently enjoined from parking the Snap-on Tools truck within Fremont Hills Subdivision.” Defendants appeal. 1 Defendants’ point is that the trial court’s order was not supported by substantial evidence and was against the weight of the evidence for the following reasons: (1) “The meaning of the term ‘truck’ within…
cited Cited as authority (rule) Giesler v. Burlington Northern Railroad
Mo. Ct. App. · 1990 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964); Stewart v. Sturms, 784 S.W.2d 257, 259 (Mo.App.1989).
cited Cited as authority (rule) Flores v. Reagen
Mo. Ct. App. · 1990 · confidence medium
Rule 84.-04(d), (e) Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3, 4] (Mo.1964).
discussed Cited as authority (rule) Empire Gas Corp. v. UPG, Inc.
Mo. Ct. App. · 1989 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
cited Cited as authority (rule) Meyer v. Meyer
Mo. Ct. App. · 1989 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964); Smith v. Welch, 611 S.W.2d 398, 399 [1] (Mo.App.1981).
discussed Cited as authority (rule) O'BRIEN v. Mobil Oil Corp. (2×)
Mo. Ct. App. · 1988 · confidence medium
Thummel v. King, 570 S.W.2d 679, 686 (Mo. banc 1978); Pruellage v. DeSeaton Corp., 380 S.W.2d 403, 405 (Mo.1964); Rule 84.04(d).
discussed Cited as authority (rule) Duncan v. Duncan
Mo. Ct. App. · 1988 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
discussed Cited as authority (rule) Hammons v. Eisert
Mo. Ct. App. · 1988 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
cited Cited as authority (rule) In Re Marriage of Harrison
Mo. Ct. App. · 1987 · confidence medium
Ramacciotti v. Joe Simpkins, Inc., 427 S.W.2d 425, 426[1] (Mo.1968); Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 [3] (Mo.1964).
discussed Cited as authority (rule) Nelson v. City of Chester
Mo. Ct. App. · 1987 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.” Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo. 1964), see also, Smith v. Welch, 611 S.W.2d 398, 399 (Mo.App.1981).
discussed Cited as authority (rule) Conway v. Judd
Mo. Ct. App. · 1987 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
examined Cited as authority (rule) Rigby Corp. v. Boatmen's Bank and Trust Co. (4×)
Mo. Ct. App. · 1986 · confidence medium
Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3, 4] (Mo.1964). .
cited Cited as authority (rule) Thornbrugh v. Poulin
Mo. Ct. App. · 1984 · confidence medium
Pruellage v. De Seaton Corp., 380 S.W.2d 403, 405 (Mo.1964); School Dist. of Springfield R-12 ex rel.
discussed Cited as authority (rule) Bover v. Long
Mo. Ct. App. · 1984 · confidence medium
“The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case.” Pruellage v. DeSeaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964).
discussed Cited as authority (rule) Elam ex rel. Waynesville R-VI School District v. Waynesville R-VI School District
Mo. Ct. App. · 1984 · confidence medium
“A constitutional question is not presented for appellate review by mention only in the jurisdictional statement or by casual reference in the argument portion of the brief.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 (Mo.1964).
cited Cited as authority (rule) Mercantile Trust Co. v. Carp
Mo. Ct. App. · 1983 · confidence medium
Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 (Mo. 1964); Brewer v. Blanton, 555 S.W.2d 381, 383 (Mo.App.1977). 2 .
discussed Cited as authority (rule) School District of Springfield R-12 Ex Rel. Midland Paving Co. v. Transamerica Insurance Co. (2×)
Mo. Ct. App. · 1982 · confidence medium
We are not authorized to consider points other than those stated in the “Points Relied On.” Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 (Mo.1964); Smith v. Welch, 611 S.W.2d 398, 399 [1] (Mo.App.1981); Brewer v. Blanton, 555 S.W.2d 381, 383 [1] (Mo.App.1977).
cited Cited as authority (rule) Smith v. Welch
Mo. Ct. App. · 1981 · confidence medium
Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964); Brewer v. Blanton, 555 S.W.2d 381, 383 [1] (Mo.App.1977).
discussed Cited as authority (rule) Arnett v. Keith (2×)
Mo. Ct. App. · 1979 · confidence medium
Pruellage v. DeSeaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964); White v. Kuhnert, 207 S.W.2d 839 , 840[1] (Mo.App.1948).
discussed Cited as authority (rule) Don L. Tullis & Associates, Inc. v. Gover
Mo. Ct. App. · 1979 · confidence medium
Appellate review is limited to those issues presented in defendants’ points, Pruellage v. DeSeaton Corporation, 380 S.W.2d 403, 405 [3] (Mo.1964); Brewer v. Blanton, 555 S.W.2d 381, 383 [1] (Mo.App.1977); and this opinion should be so viewed.
discussed Cited as authority (rule) Skinner v. Dawson Metal Products
Mo. Ct. App. · 1978 · confidence medium
Pruellage v. DeSeaton Corporation, 380 S.W.2d 403, 405 (Mo.1964); Drysdale v. Cornerstone Bank, 562 S.W.2d 182, 183 (Mo.App.1978); MFA Cooperative Ass’n of Ash Grove v. Elliott, 479 S.W.2d 129, 132-133 (Mo.App.1972).
cited Cited as authority (rule) Stoner v. Dawson Metal Products
Mo. Ct. App. · 1978 · confidence medium
Pruellage v. De Seaton Corporation, 380 S.W.2d 403, 405 (3) (Mo.1964); Haase v. Richmond, 570 S.W.2d 341, 343-344 (3) (Mo.App.1978).
Retrieving the full opinion text from the archive…
Bertha PRUELLAGE, Administratrix of the Estate of John Pruellage, Deceased, Respondent,
v.
the DE SEATON CORPORATION, a Corporation, Thirty-Five Seventeen Company, Inc., a Corporation, Ramos, Inc., a Corporation, George Ogilvy, Michael Ogilvy and A. C. Vyver, Defendants, George Ogilvy, Appellant
50333.
Supreme Court of Missouri.
Jul 13, 1964.
380 S.W.2d 403
1964 Mo. LEXIS 714
Thompson, Mitchell, Douglas & Neill, Joseph P. Logan, H. Meade Summers, Jr., and Fred E. Arnold, St. Louis, for respondent., Schwartz, Schwartz & Gilden, St. Louis, for appellant.
Stockard, Barrett, Pritchard.
Cited by 69 opinions  |  Published
STOCKARD, Commissioner.

George Ogilvy has appealed from the order of the trial court reviving a judgment which had previously been entered against him. The total amount of the judgment with accrued interest thereon is $8,931.72. It is thus apparent that this court does not have appellate jurisdiction of this appeal by reason of the amount in dispute. Therefore, we must determine whether we have jurisdiction for some other reason.

Briefly stated, the facts are as follows: The original judgment was obtained against George Ogilvy and others on August 12, 1952. Thereafter Ogilvy was discharged in bankruptcy and the judgment was listed in the schedule of debts in the bankruptcy proceeding. On August 10, 1962, respondent filed her motion for a writ of scire facias to revive the judgment, which motion was sustained and the writ issued. Ogilvy answered thereto and alleged that (1) he was “not indebted to the judgment debtor or the purported assignee thereof;” (2) the obligation “has been paidand (3) he had been “adjudicated a bankrupt” and had “received[*405] a discharge in bankruptcy.” After a hearing the trial court entered its order reviving the judgment as prayed.

Appellant asserts in the jurisdictional statement in his brief that this court has jurisdiction because “among the points relied on by appellant here, and in the court below, are these: [1] That the judgment against appellant ignores and fails to give due legal effect to said bankruptcy discharge of appellant from said judgment indebtedness and so violates and contravenes the provisions of Article I, Section 8, Clause 4, of the Constitution of the United States under which the Congress of the United States is empowered to establish uniform laws on the subject of bankruptcies throughout the United States; and, further, [2] that the judgment of the trial court for the same reason also violates Article VI, Clause 2, of the Constitution of the United States under which it is provided that the Constitution of the United States and the laws of the United States “which shall be made in Pursuance thereof * * * shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, [etc.]”

We need not rule whether the above statements, if made in a point relied on, would be sufficient to present for determination on this appeal constitutional questions within the meaning of Article V, Section 3, Constitution of Missouri, V.A.M.S. See, however, the discussion and rulings in State ex rel. Doniphan Telephone Company v. Public Service Commission, Mo., 369 S.W.2d 572, and State ex rel. Missouri-Kansas-Texas Railroad Company v. Public Service Commission, Mo., 378 S.W.2d 459. In any event appellant did not timely present a constitutional question to the trial court. In his answer filed to the writ of scire facias he made no mention whatever of any constitutional question or issue. It has long been the rule that for a constitutional question to be preserved for appellate review it must have been raised at the earliest opportunity consistent with good pleading and orderly procedure. State v. Lock, 302 Mo. 400, 259 S.W. 116; State v. Brookshire, Mo., 325 S.W.2d 497, 500. This appellant did not do.

In addition to the above, there is no constitutional question presented in the points relied on in appellant’s brief. Only two points appear in the brief, and they are in their entirety as follows: “By his discharge in bankruptcy the defendant-appellant was released and discharged from the scheduled judgment attempted to be revived against him herein,” and “The court erred in ordering the judgment against appellant George Ogilvy revived subsequent to his release in bankruptcy.” Civil Rule 83.05, V.A.M.R., provides that a brief shall contain “The points relied on, which shall show what actions or rulings of the Court are sought to be reviewed and wherein and why they are claimed to be erroneous, with citation of authorities thereunder; * * *.” The questions for decision on appeal are those stated in the points relied on, and a question not there presented will be considered abandoned on appeal and no longer an issue in the case. A constitutional question is not presented for appellate review by mention only in the jurisdictional statement or by casual reference in the argument portion of the brief. See State v. Brookshire, supra, 325 S.W.2d at p. 500, and the cases there cited. We necessarily conclude that no constitutional question is presented for appellate review.

Appellant does not contend that this court has appellate jurisdiction on any other basis. Since the bankruptcy statutes are involved, a possible ground for appellate jurisdiction of this court might be that this is a case involving the “validity of a * * statute of the United States, or any authority exercised under the laws of the United States.” See Art. V, Sec. 3, Constitution of Missouri. However, reference to the only points relied on, as above set out, shows that no such issue is there presented. In addition, appellant does not challenge or question the validity of the bankruptcy statute or the validity of any act done under the authority[*406] of a law of the United States. On the contrary, he relies on their validity. Therefore, appellate jurisdiction in this court cannot exist on this basis. See Salzwedel v. Vassil, Mo., 347 S.W.2d 218.

We necessarily conclude that this court does not have jurisdiction of this appeal, and for that reason the case is transferred to the St. Louis Court of Appeals.

BARRETT and PRITCHARD, CC., concur.

PER CURIAM.

The foregoing opinion by STOCKARD, C., is adopted as the opinion of the Court.

All of the Judges concur.