Dameron v. Harvey
Missouri Court of Appeals
Error to the Lincoln County Circuit Court, Elijah Robinson, Judge. A bill of exceptions does not become part of the record until it is both signed and filed and the filing comprehends something more than a mere endorsement on the bill to that effect. There must be a proper entry by the clerk on the record. Fulkerson v..
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Error to the Lincoln County Circuit Court, Elijah Robinson, Judge. A bill of exceptions does not become part of the record until it is both signed and filed and the filing comprehends something more than a mere endorsement on the bill to that effect. There must be a proper entry by the clerk on the record. Fulkerson v.. Fonts, 55 Mo. 301 ; Johnson v. Hodges, 65 Mo. 589 Pope v. Thompson, 66 Mo. 661; McGrew v. Foster, 66 Mo. 30; The State r>. Grant, 76 Mo. 95 ; Lafolette v. Thompson, .83 Mo. 199 ; Dinwiddie v. Jacobs, 82 Mo. 195. The record must show affirmatively that the motion for a new…
1Opinion of the CourtRombauer, J.
The primary question-to be determined is whether the record of the cause before this court justifies us to enter into an examination of its supposed merits.
It appears that in an action of partition, brought by the plaintiffs in error, the trial court charged them, as they claim, erroneously, with certain advances made to them by their mother, the executrix of the estate, and, thereupon, they prosecuted their writ of error to this court. The writ was issued on the twenty-fourth of Feb-, ruary, 1885, and in obedience thereto an. instrument, purporting to be a true and complete transcript of the *199…
2Cases cited2 opinions
- Caldwell v. HawkinsSupreme Court of Missouri · 1870
- Redway v. ChapmanSupreme Court of Missouri · 1871
3Cited by2 opinions
- Graves v. ChapmanSupreme Court of Missouri · 1912
- Dean v. JonesMissouri Court of Appeals · 1887