McCarty v. Cunningham

Notwithstanding the positive injunction of the statute that exceptions must.be filed during the term at which they are taken, and not after, it has been held by this court that a bill of exceptions may be filed after the expiration of the term, provided the parties consent thereto and the court so orders. Robart v. Long, 65 Mo. 223; Peake v. Bell, 65 Mo. 224; West v. Fowler, 59 Mo. 40. The bill of exceptions in this case was not filed , during the term, and although the consent of parties that it might be filed in vacation appears, there is no order of court based upon such consent…