Legal Opinion

Village of Marble Hill v. Graves

Missouri Court of Appeals

Decided June 2, 1914Published

Appeal from Bollinger Circuit Court.—Hon. Peter H. Huck, Judge. (1) It not appearing from plaintiff’s abstract of the record that objections to the overruling of motion for new trial and exceptions thereto were embraced in the bill of exceptions, then no matters of exception are before this court for review. Angel v. P'ortageville, 168 Mo. App. 16; Murphy v. Lorwood Cooperage Co., 168 Mo.

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Appeal from Bollinger Circuit Court.—Hon. Peter H. Huck, Judge. (1) It not appearing from plaintiff’s abstract of the record that objections to the overruling of motion for new trial and exceptions thereto were embraced in the bill of exceptions, then no matters of exception are before this court for review. Angel v. P'ortageville, 168 Mo. App. 16; Murphy v. Lorwood Cooperage Co., 168 Mo. App. 11. (2) The evidence taken and the other proceedings had at the trial, not being before this court for review, the court will indulge the presumption that the evidence was sufficient to support the…

1Opinion of the CourtAllen, J.

This is a prosecution for an alleged violation of an ordinance of the village of Marble Hill, relating to the running at large of stock upon the .streets of the village. Defendant was tried before the chairman of the board of trustees of said village, found guilty of violating the ordinance, and fined $2.50. *591Upon appeal to the circuit court and a trial there before a jury, defendant was again found guilty of an infraction of the ordinance and his punishment assessed at a fine of $2.25. The court entered a judgment against him for said sum, and he appeals.

The point has been duly made by…

2Cases cited11 opinions

  1. Stark v. ZehnderSupreme Court of Missouri · 1907
  2. City of King City v. DuncanSupreme Court of Missouri · 1911
  3. City of St. Louis v. YoungSupreme Court of Missouri · 1913
  4. State v. WilsonSupreme Court of Missouri · 1909
  5. State v. GeorgeSupreme Court of Missouri · 1909

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