512.120. Agreed statement of case. — When the questions presented by an appeal can be determined without an examination of all the pleadings, evidence, and proceedings in the court below, the parties may prepare and sign a statement of the case showing how the questions arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the questions by the appellate court. The statement shall include a copy of the judgment or order appealed from, a copy of the notice of appeal with its filing date, and a concise statement of the points to be relied on by the appellant. If the statement conforms to the truth, it, together with such additions as the court may consider necessary fully to present the questions raised by the appeal, shall be approved by the trial court and shall then be certified to the appellate court as the transcript on appeal.
Notes of Decisions
Adair Cnty. v. Urban, 268 S.W.2d 801 (Mo. 1954).
· cites it 6× “This appeal has not come to us upon a full transcript of the record, or upon the merits, but upon an agreed "Statement Of The Case As Transcript On Appeal," Section 512.120 RSMo 1949, V.A.M.S. It is therein stipulated that upon this appeal the points to be relied on by the…”
Noll v. Noll, 286 S.W.2d 58 (Mo. Ct. App. 1956).
· cites it 3× “The issues on appeal are submitted on an “Agreed Statement of Case”, pursuant to Section 512.120 RSMo 1949, V.A.M.S. For brevity, we shall refer to the parties as the “husband” (appellant), and the “wife” (respondent).”
Wieser v. Linhardt, 257 S.W.2d 689 (Mo. 1953).
· cites it 2× “Because of the death of the court reporter transcription of his shorthand notes of the oral evidence offered at the trial became impossible, and in this situation the parties have prepared and signed an agreed statement of the case under § 512.120, RSMo 1949, V.A.M.S. The…”
Hammonds v. Hammonds, 263 S.W.2d 348 (Mo. 1954).
· cites it 3× “The parties, pursuant to Section 512.120, RSMo 1949, V.A.M.S., submitted the Case to the court of appeals on what they called an agreed statement in lieu of a full transcript.”
Holt v. Dir. of Revenue, 926 S.W.2d 532 (Mo. Ct. App. 1996).
· cites it 2× “110 requires that a transcript on appeal be filed with the appellate court wMch contains “all of the record, proceedings and evidence necessary to the determination of all questions to be presented to the appellate court for decision” unless the parties agree upon an abbreviated…”
MacHctinger v. Grenzebach, 282 S.W.2d 200 (Mo. Ct. App. 1955).
· cites it 3× “In lieu of a transdript of the record, the parties and the trial court signed an Agreed Statement of Case, in accordance with the provisions of Section 512.120 RSMo 1949, V.A.M.S. This document and Appellant’s Statement, Brief and Argument were the only papers filed in the…”
Jacobs v. Dennis, 971 S.W.2d 353 (Mo. Ct. App. 1998).
· cites it 2× “We find that the trial court erroneously applied the law in not making a record of the trial de novo.”
LaFon v. Cont'l Cas. Co., 259 S.W.2d 425 (Mo. Ct. App. 1953).
· cites it 2× “Defendant and plaintiff filed a statement of such agreed fact's on March 18, 1952, as authorized by Section 512.120, R. S. Mo. 1949. The allegations of the petition, denied by the answer, need not be set out.”
Est. of Givens v. Gundlach, 950 S.W.2d 497 (Mo. Ct. App. 1997).
· cites it 2× “Louis County granting Armstrong, Teasdale, Schlafly & Davis’ (defendant) motion to dismiss because plaintiffs claims were barred by the statute of limitations, § 512.120 RSMo 1994 (all further references will be to RSMo 1994 unless otherwise noted).”
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