Cuomo v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hoe. S. P. Hustoe, Special Judge. Statement of case by the court. The appellant filed, in this court, an abstract of' the record containing the pleadings, the evidence, and the instructions, and a brief in connection therewith, setting up the action of the trial court during the trial, in various respects, as made to appear by said abstract of the record, as error.
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Appeal from Buchanan Circuit Court, Hoe. S. P. Hustoe, Special Judge. Statement of case by the court. The appellant filed, in this court, an abstract of' the record containing the pleadings, the evidence, and the instructions, and a brief in connection therewith, setting up the action of the trial court during the trial, in various respects, as made to appear by said abstract of the record, as error. A copy of the abstract of the record and brief was duly delivered to the attorney of respondents, in compliance with rule fifteen of this court. And the respondents thereupon prepared, delivered…
1Opinion of the CourtHall, J.
The bill of exceptions was not filed within the time prescribed by the order of the circuit court, granting the appellant leave to file it after the expiration of the term of the court at which the appeal was taken, and hence said bill of exceptions is, in contemplation of law, no bill of exceptions. Rev. Stat., sect. 3656; Holloway v. City of Moberly, 18 Mo. App. 553, and cases cited; Dale v. Patterson, 63 Mo. 98; Baker v. Loring, 65 Mo. 527; West v. Fowler, 59 Mo. 40; s. c., 55 Mo. 300.
The record, therefore, does not contain any exceptions taken to the action of the court during the trial,…
2Cases cited5 opinions
- West v. FowlerSupreme Court of Missouri · 1874
- West v. FowlerSupreme Court of Missouri · 1875
- Baker v. LoringSupreme Court of Missouri · 1877
- Dale ex rel. Dale v. PattersonSupreme Court of Missouri · 1876
- Holloway v. City of MoberlyMissouri Court of Appeals · 1885
3Cited by6 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Bank of Tipton v. DavidsonMissouri Court of Appeals · 1890
- Kansas City ex rel. O. K. Trip Hammer Brick Co. v. WalshMissouri Court of Appeals · 1901
- State ex rel. Cox v. PaceMissouri Court of Appeals · 1889
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