# Perkins v. Schicker

> Missouri Court of Appeals · July 20, 1982 · 641 S.W.2d 432

URL: https://www.frixlaw.com/law-library/cases/9773631

## Case

- **Full name:** Roy PERKINS, Walter Klein, Samuel Brooks and William Moore, Appellants, v. John SCHICKER, James Crowe, Suzanne Hart and James F. Conway, as the Board of Police Commissioners, and the City of St. Louis, Missouri, Respondents
- **Court:** Missouri Court of Appeals
- **Decided:** July 20, 1982
- **Citations:** 641 S.W.2d 432; 1982 Mo. App. LEXIS 3179
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Reinhard, Snyder, Crist
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9773631

## Opinion text

OPINION ON MOTION FOR REHEARING OR TO TRANSFER TO SUPREME COURT
PER CURIAM.
In plaintiffs’ motion for rehearing or in the alternative for transfer to the Supreme Court, they contend for the first time that the proper statute of limitations is the five year statute of limitations contained in § 516.120(2) RSMo.1978 for actions “upon a liability created by statute.”
Plaintiffs made no such contention before the trial court, and no point concerning the alleged error in their brief or in oral argument. It is too late for consideration now. Samuels v. Illinois Fire Insurance Co., 354 S.W.2d 352, 363 (Mo.App.1961). Defendants’ motion is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773631. Public record. Not legal advice.