Ellis v. Andrews
Supreme Court of Missouri
Appeal from Cooper Court of Common Pleas. The facts sufficiently appear in the opinion of the court. cited Stephen on Pleading, 160 ; 3 Bouv. Inst. 261; Chitty PI. 518 ; Wood v. Steamboat Eleetwood, 19 Mo. 529; Swartz v. Chappell, 19 Mo. 304; Eucker v. Eddings, 7 Mo. 115 ; Brighter v. Cooner, 18 Mo. 347 ; Foster v. McO’Blenis, 18 Mo. 88. Tlie bill of exceptions should have been presented and signed in term, or ten days thereafter, as counsel agreed it should be.
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Appeal from Cooper Court of Common Pleas. The facts sufficiently appear in the opinion of the court. cited Stephen on Pleading, 160 ; 3 Bouv. Inst. 261; Chitty PI. 518 ; Wood v. Steamboat Eleetwood, 19 Mo. 529; Swartz v. Chappell, 19 Mo. 304; Eucker v. Eddings, 7 Mo. 115 ; Brighter v. Cooner, 18 Mo. 347 ; Foster v. McO’Blenis, 18 Mo. 88. Tlie bill of exceptions should have been presented and signed in term, or ten days thereafter, as counsel agreed it should be. The bill of exceptions was not presented and signed during the term, nor within ten days thereafter, and was signed against the…
1Opinion of the CourtScott, Judge
It has long been settled that a bill of exceptions must be signed during the term at which the cause is tried. This is not only the practice here, but also in other states. In England, where the statute first allowing a bill of exceptions to the parties to a suit had its origin, it is held that courts are not bound to seal a bill of exceptions tendered at the succeeding term of the court. (Wright v. Sharp, 1 Salk. 288 ; Sikes v. Ransom, 6 Johns. 279; 9 Johns. 346; Pomeroy v. Selmes, 8 Mo. 132.) The rale has been so far departed from that it is permitted to sign a bill of exceptions at a…
2Cases cited4 opinions
- Sikes v. RansomNew York Supreme Court · 1810
- Consaul v. LidellSupreme Court of Missouri · 1841
- Pomeroy v. SelmesSupreme Court of Missouri · 1844
- Sisk v. CunninghamSupreme Court of Missouri · 1843
3Cited by11 opinions
- Nelson v. WithrowMissouri Court of Appeals · 1883
- People v. O'CallaghanIdaho Supreme Court · 1886
- West v. FowlerSupreme Court of Missouri · 1874
- State v. WilliamsSupreme Court of Missouri · 1904
- Hatcher v. MooreSupreme Court of Missouri · 1872
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