Mathis v. Baxter
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — Eon. J. C. Sheppard, Judge. (1) The pretended abstract of record fails to show the filing of a bill of exceptions by appellants by an entry of the record proper. This it must do to enable this court to review the testimony in this cause. Cummins y. Eiler, 121 Mo. App. 576; Scott y. Express Co., 116 Mo. App. 174; State ex rel. y. Holland, 116 Mo. App. 845; Watkins v. Green, 116 Mo. App. 593; Kampf v. Transit Co., 102 Mo. App. 314; Hughes y.
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Appeal from Ripley Circuit Court. — Eon. J. C. Sheppard, Judge. (1) The pretended abstract of record fails to show the filing of a bill of exceptions by appellants by an entry of the record proper. This it must do to enable this court to review the testimony in this cause. Cummins y. Eiler, 121 Mo. App. 576; Scott y. Express Co., 116 Mo. App. 174; State ex rel. y. Holland, 116 Mo. App. 845; Watkins v. Green, 116 Mo. App. 593; Kampf v. Transit Co., 102 Mo. App. 314; Hughes y. Henderson, 95 Mo. App. 312; Harding v. Bedoll, 202 Mo. 625; Hill y. Butler Co., 195 Mo. 511; Clay y. Publishing Co.,…
1Opinion of the Court
NIXON, J. P.
This case was formerly dismissed by Judge Goode in the St. Louis Court of Appeals because the abstract of the record proper did not contain an affidavit for appeal or even allude to one, and because, although it recited that the time for filing bill of exceptions had been extended, did not show that this was done before the time originally granted had expired. A motion for rehearing was granted and appellant filed an amended abstract. The case has been transferred to this court.
Respondent on December 7, 1909, filed a motion to affirm the judgment of the St. Louis Court of Appeals,…
2Cases cited3 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Clay v. Union Wholesale Publishing Co.Supreme Court of Missouri · 1906
- Webster v. BerryMissouri Court of Appeals · 1910