Mason v. Smith
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Wm. M. Kinsey, Judge. (1) There is nothing in the so-called abstract of the record, or in anything on file in this court except recitals in the bill of exceptions itself, to show that any bill of exceptions was ever filed, or any motion for new trial, therefore, this court can not consider any matter of exception to the action of the court below. Bradbury v. Kerns, 115 Mo. App. 99; Bailey v. McWilliams, 111 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Wm. M. Kinsey, Judge. (1) There is nothing in the so-called abstract of the record, or in anything on file in this court except recitals in the bill of exceptions itself, to show that any bill of exceptions was ever filed, or any motion for new trial, therefore, this court can not consider any matter of exception to the action of the court below. Bradbury v. Kerns, 115 Mo. App. 99; Bailey v. McWilliams, 111 Mo. App. 35; Allen y. Aylor, 111 Mo. App. 257; Bower v. Daniel (Mo.), 95 S. W. 347; St. Charles ex rel. y. Deemar, 174 Mo. 122; Butler…
1Opinion of the CourtNortoni, J.
In this case the abstract of record is quite insufficient and counsel for respondent insist upon their right to have the same soadjudged. In view of their motion directing the attention of the court thereto and the insistence thereon, it becomes our duty to ascertain and determine what matters are presented and what matters are open for consideration on the appeal. As the record now stands, we ascertain therefrom that the suit is in equity for injunctive relief, which was decreed to the plaintiff in the court below and the defendants appeal by means of the short form provided for in section…
2Cases cited9 opinions
- Nichols v. StevensSupreme Court of Missouri · 1894
- Hill v. CombsMissouri Court of Appeals · 1902
- Crossland v. AdmireSupreme Court of Missouri · 1899
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
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3Cited by1 opinion
- Furstenfeld v. FurstenfeldMissouri Court of Appeals · 1910