Patterson v. Gallimore
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The motion for new trial must be be copied into the bill of exceptions, or there must be a direction to the clerk to copy it; otherwise matters of exception will not be reviewed by the appellate court. R. S. Mo. 1889, sec. 2304; Ryan v. Growney, 125 Mo. 474; Martin v. LaMaster, 63 Mo. App. 342.
1Opinion of the CourtEllison, J.
This is an action of replevin in which judgment was entered for plaintiff by the trial court. In order to review the action of the trial court it is necessary that there should be a motion for new trial incorporated in the original bill of exceptions, or a direction therein to the clerk to copy it. Ryan v. Growney, 125 Mo. 474.
This appeal is what is known as the short form; a certificate of judgment being sent up in lieu of a full record. Appellants’ abstract shows and sets forth a motion for new trial. But respondent files a counter abstract setting forth so much of the bill of exceptions as…
2Cases cited1 opinion
- Ryan v. GrowneySupreme Court of Missouri · 1894
3Cited by3 opinions
- D. A. Schulte, Inc. v. HaasMissouri Court of Appeals · 1926
- Adams v. New York Life InsuranceMissouri Court of Appeals · 1911
- Investment Security Co. v. WilliamsMissouri Court of Appeals · 1910