McNeil v. Home Insurance
Missouri Court of Appeals
Appeal from the Dent Circuit Court, Hon. C. C. Bland, Judge. The motion for new trial is not incorporated in, nor called for by, any bill of exceptions, and the court cannot review any errors occurring at the trial.
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Appeal from the Dent Circuit Court, Hon. C. C. Bland, Judge. The motion for new trial is not incorporated in, nor called for by, any bill of exceptions, and the court cannot review any errors occurring at the trial. State ex ret. v. BurcTcTiartt, 83 Mo. 430; Rotchford v. Cramer, 65 Mo. 48; Stevenson v. Saline County, 65 Mo. 425; Collins v. Barding, 65 Mo. 496; State v. Robinson, 79 Mo. 66. The mere statement in a bill of exceptions that a motion for new trial was filed is not sufficient, it must be incorporated in the bill. Rotchford v. Cramer, 65 Mo. 48. The amendment to section 3776,…
1Opinion of the CourtThompson, J.
We regret that we have to dispose of this case upon a ground that does not touch the merits. Certain rules of procedure have been firmly established in this state, having been found, after long experience, necessary to preserve the integrity of judicial records and properly to present the rulings of the trial courts for review by appeal or error. One of these is, that no matter of exception to rulings made in the course of the trial can be reviewed-on appeal or error, unless brought to the attention of the reviewing court by being embodied in a bill of exceptions authenticated by the…
2Cases cited21 opinions
- Kesler v. MyersIndiana Supreme Court · 1873
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Bevin v. PowellMissouri Court of Appeals · 1881
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
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3Cited by10 opinions
- Tipton v. RennerSupreme Court of Missouri · 1891
- Forbs v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904
- Monroe City Bank v. FinksMissouri Court of Appeals · 1890
- Puller v. ThomasMissouri Court of Appeals · 1889
- Greene County ex rel. Baker v. WilhiteMissouri Court of Appeals · 1889
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