Story & Camp v. Ragsdale
Missouri Court of Appeals
Appeal from Randolph Circuit Court, Hon. G. H. Burckhartt, Judge. The case is stated in the opinion. I. Although the clerk refers to the record proper for the motion for a new trial, it nowhere appears in the-bill of exceptions, and will not be noticed by this court. State v. Jansen, 80 Mo. 97 ; McKee v. Calvert, 80 Mo. 348 ; State v. Sweeney, 68 Mo. 97 ; City v. Opel, 67 Mo. 394; Robinson v. Hood, 67 Mo. 660, and cases cited. II.
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Appeal from Randolph Circuit Court, Hon. G. H. Burckhartt, Judge. The case is stated in the opinion. I. Although the clerk refers to the record proper for the motion for a new trial, it nowhere appears in the-bill of exceptions, and will not be noticed by this court. State v. Jansen, 80 Mo. 97 ; McKee v. Calvert, 80 Mo. 348 ; State v. Sweeney, 68 Mo. 97 ; City v. Opel, 67 Mo. 394; Robinson v. Hood, 67 Mo. 660, and cases cited. II. The motion for new trial must be copied in full - in the bill of exceptions, and “unless incorporated bodily in the bill, they cannot be noticed by this court.”…
1Opinion of the CourtHall, J.
The errors complained of on this appeal arose during the progress of the trial. We cannot consider those errors, because the motion for new trial was not preserved and incorporated in the bill of exceptions. McKee v. Calvert, 80 Mo. 348; State ex rel. v. Hitchcock, 86 Mo. 231; Stevenson v. Saline County, 65 Mo. 425; State ex rel. v. Burckhartt, 83 Mo. 432. A motion for new trial was in fact filed, and the clerk has set it out in the transcript as a part of the record proper; ■and reference is made to said motion in the bill of exceptions, by citing the page of the transcript • on which it may…
2Cases cited6 opinions
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884
- State ex rel. Dopkins v. HitchcockSupreme Court of Missouri · 1885
- Stevenson v. Saline CountySupreme Court of Missouri · 1877
- Collins v. BardingSupreme Court of Missouri · 1877
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3Cited by2 opinions
- Pugsley v. Ozark Cooperage & Lumber Co.Missouri Court of Appeals · 1911
- Padilla v. Territory of New MexicoNew Mexico Supreme Court · 1896