Allen v. Funk
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Son. W. L. Jarrott, Judge. Submitted brief on merits. (1) The record filed in this court by appellant fails to show that any bill of exceptions was filed, and fails to show that any was allowed or signed by the trial court, and for these reasons the record proper, alone, can be considered in the appellate court. Williams v. Williams, -26 Mo.
Read the full summary
Appeal from the Cass Circuit Court. — Son. W. L. Jarrott, Judge. Submitted brief on merits. (1) The record filed in this court by appellant fails to show that any bill of exceptions was filed, and fails to show that any was allowed or signed by the trial court, and for these reasons the record proper, alone, can be considered in the appellate court. Williams v. Williams, -26 Mo. App. 408; Lumber Co. v. Howard,-76 Mo. 517; Linahan v. Barley, 124 Mo. 560; Cramer v. Akin, 49 Mo. App. 163; State v. Clark, 119 Mo. 426; Rule number 5 of this court. Eor the foregoing reasons respondent’s motion to…
1Opinion of the CourtSmith, P. J.
— This is an action which was brought to recover damages for an assault and battery. There was a trial and judgment for defendant and plaintiff appealed.
During the vacation of the court and on January 31, 1900, the time for filing the bill of exceptions was extended to Eebruary 10,1900. The abstract of the record does not show either the indorsement of the clerk on the bill of the fact of filing nor any entry made by him in the records of the court to that effect. It is true, the bill of exceptions itself states that plaintiff “within the time heretofore allowed presents this his *462bill of…
2Cases cited3 opinions
- Ferguson v. ThacherSupreme Court of Missouri · 1883
- Lafollette v. ThompsonSupreme Court of Missouri · 1884
- Williams v. WilliamsMissouri Court of Appeals · 1887