Isaac C. Novinger & Son v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) Appellant’s abstract of the record is wholly insufficient. Harding y. Bedoll, 202 Mo. 630; Stark y. Zehnder, 204 M'o. 449; Cramer y. Company, 97 S. W. 969. (2) It is not recited that the record shows an order made at the May term, 1907, extending the time to file the bill of exceptions. State ex rel. v. Broaddus, 105 S. W. 635; State y. Paul, 203 Mo. 681; Hughes y. Henderson, 95 Mo. App. 313; Cramer y.
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Appeal from Adair Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) Appellant’s abstract of the record is wholly insufficient. Harding y. Bedoll, 202 Mo. 630; Stark y. Zehnder, 204 M'o. 449; Cramer y. Company, 97 S. W. 969. (2) It is not recited that the record shows an order made at the May term, 1907, extending the time to file the bill of exceptions. State ex rel. v. Broaddus, 105 S. W. 635; State y. Paul, 203 Mo. 681; Hughes y. Henderson, 95 Mo. App. 313; Cramer y. Company, 97 S. W. 969; Everett v. Butler, 192 Mo. 566; Harris y. Wilson, 199 Mo. 415; Clay v. Pub. Co., 200 Mo. 673;…
1Opinion of the CourtBroaddus, P. J.
The respondents in their brief and .argument call our attention to the fact that the abstract in the case fails to show that a proper bill *338of exceptions was filed in the case. The recital of the abstract is as follows: “On the 5th day of November, 1907, during October term the defendant filed in court his signed bill of exceptions as follows;” Then follows the purported bill of exceptions.
This was not sufficient. It is essential that the abstract should show that the bill was filed by a proper order of court duly entered of record. [Clay v. Publishing Co., 200 Mo. l. c. 673.] It is also…
2Cases cited1 opinion
- Harris v. WilsonSupreme Court of Missouri · 1906
3Cited by4 opinions
- Thorp v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
- Webster v. BerryMissouri Court of Appeals · 1910
- Maupin v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Parkey v. ReeseMissouri Court of Appeals · 1910