Wilson v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. Selden P. Spencer, Judge. If the bill of exceptions is filed in term time, the filing must be evidenced by a record entry of the court- showing the filing — if filed in vacation pursuant to an order of court granting leave to file it in vacation, “there must be some certificate on the bill itself, signed by the clerk, indicating the fact and date of filing,- or some entry made by the clerk in the records of the court to that…
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Appeal from St. Louis City Circuit Court. — lion. Selden P. Spencer, Judge. If the bill of exceptions is filed in term time, the filing must be evidenced by a record entry of the court- showing the filing — if filed in vacation pursuant to an order of court granting leave to file it in vacation, “there must be some certificate on the bill itself, signed by the clerk, indicating the fact and date of filing,- or some entry made by the clerk in the records of the court to that effect.” Lafollette v. Thompson, 83 Mo. 199; Williams v. Williams, 26 Mo. App. 408; State v. Eolley, 135 Mo. 677.
1Opinion of the CourtSherwood, P. J.
Action for damages for personal injuries; trial had and verdict for defendant, and plaintiff appeals.
This cause has been fully briefed, but counsel for defendant, in addition to briefing the cause on the merits, call attention to the fact that what is termed the bill of exceptions, has never been authenticated by being filed.
An examination of the transcript shows this objection to be well taken. The bill is signed by the judge at chambers, during the June term, and contains an order to the clerk to file it, but no filing of the bill, as shown by the record, has occurred.
In Lafollette v.…
2Cases cited9 opinions
- Ricketts v. HartSupreme Court of Missouri · 1899
- Pope v. ThomsonSupreme Court of Missouri · 1877
- Lafollette v. ThompsonSupreme Court of Missouri · 1884
- Fulkerson v. HoutsSupreme Court of Missouri · 1874
- Johnson v. HodgesSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Perringer v. Unknown Heirs of RaubSupreme Court of Missouri · 1923
- State ex rel. Chester v. TurnerMissouri Court of Appeals · 1914
- Walner v. WadeMissouri Court of Appeals · 1907
- State v. BordersSupreme Court of Missouri · 1910