D. H. Heltzell & Co. v. McDowell
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Eon. Wm. H. Martin, Judge. The abstract states all the facts necessary to enable the conrt to pass on the instructions and other questions presented. Christian v. McDonnell, 127 Mo. App. 630; State ex rel. v. Smith, 172 Mo. 446. Appellant’s abstract does not meet the requirements of the rules of court, nor of the decisions. R. S. 1899, sec. 813. Two juries have found alike for respondent.
Read the full summary
Appeal from Moniteau Circuit Court. — Eon. Wm. H. Martin, Judge. The abstract states all the facts necessary to enable the conrt to pass on the instructions and other questions presented. Christian v. McDonnell, 127 Mo. App. 630; State ex rel. v. Smith, 172 Mo. 446. Appellant’s abstract does not meet the requirements of the rules of court, nor of the decisions. R. S. 1899, sec. 813. Two juries have found alike for respondent. The judgment was for the right party and should not be interrupted.
1Opinion of the Court
ELLISON, J.—
This action was begun before a justice of the peace whence it was taken by appeal to the circuit court where plaintiff had judgment and defendant appealed to this court.
Plaintiff insists that there is no bill of exceptions shown to have been filed. The abstract presented here makes no distinction between the record proper and the bill of exceptions and it is not possible to say whether matter pertaining to the record proper is shown in such record, or whether it is only shown in the bill of exceptions. It is not possible to say from the abstract whether the matter abstracted is in…
2Cases cited2 opinions
- Thompson v. RuddickSupreme Court of Missouri · 1908
- City of Macon ex rel. Quincy National Bank v. JaegerMissouri Court of Appeals · 1908