Philips v. City of Webb
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Recitals in the bill of exceptions will not supply the abstract of record proper. State v. Harris, 121 M'o. 445; Walser v. Wear, 128 Mo. 652; Bick v. Williams, 181 Mo. 526; Wire Co. v. Brooks, — Mo.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Recitals in the bill of exceptions will not supply the abstract of record proper. State v. Harris, 121 M'o. 445; Walser v. Wear, 128 Mo. 652; Bick v. Williams, 181 Mo. 526; Wire Co. v. Brooks, — Mo. App. —, 104 S. W. 482. (2) The record proper must show the filing of the bill of exceptions and if filed in vacation must show the filing within the time allowed and extensions thereof; the recitals in the bill of exceptions cannot supply the defect, as the bill of exceptions is no part of the record unless signed and filed by leave…
1Opinion of the CourtJohnson, J.
From the record entries in the abstract filed by appellant, it appears that on January 12, 1907, the court made an order extending the time for filing the bill of exceptions “to and including the twelfth day of February, 1907,” and that it was not filed until the 19th day of February, 1907 — one week after the expiration of the time fixed in the order. The bill of exceptions being filed out of time cannot be considered. We note it contains a recital of a subsequent order further extending the time of filing to include the 19th day of February, but it has been decided on numerous occasions…
2Cases cited8 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- State v. HarrisSupreme Court of Missouri · 1894
- Walser v. WearSupreme Court of Missouri · 1895
- Redd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
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3Cited by1 opinion
- Stone Hill Wine Co. v. Buzzard & BuzzardMissouri Court of Appeals · 1910