Maddox v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. A bill of exceptions filed after the expiration of the time allowed for filing can not be considered on appeal, although filed with the consent of the parties and approved by the court. Dorman v. Coon, 119 Mo. 68; Danforth v. B’y, 123 Id. 196; Fulkerson v. Murdock, Id. 292; State v. Simmons, 124 Id. 443; Beal Estate & Bldg. Ass’n v. Transit Co., 127 Id. 499; State v. Sclmchmann, 133 Id.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. A bill of exceptions filed after the expiration of the time allowed for filing can not be considered on appeal, although filed with the consent of the parties and approved by the court. Dorman v. Coon, 119 Mo. 68; Danforth v. B’y, 123 Id. 196; Fulkerson v. Murdock, Id. 292; State v. Simmons, 124 Id. 443; Beal Estate & Bldg. Ass’n v. Transit Co., 127 Id. 499; State v. Sclmchmann, 133 Id. Ill; State v. Dillon, 132 Id. 183; Lowen v. Hicks, 63 Mo. App. 84; State v. Harrison, 62 Id. 113; Wyllie v. Hefferman, 58 Id. 657; 'State v.…
1Opinion of the CourtBiggs, J.
The point is made by the respondent that the bill of exceptions in this ease was filed out of time. By consent of counsel we have the original bill *511before us. The defendant was granted leave to file bill on or before January 19, 1897. The indorsements on the bill are as follows:
PlíateTIhní ofpexceptions: filing.
“Filed February 10th by consent of Joseph Boyd as filed January 38th, 1897.
“P. M. Moeeis,
“Clerk.”
Another indorsement is as follows:
“Now on this 10th day of Eeb., 1897, comes defendant by attorney Creo. Robertson and files this bill of exceptions with the following indorsement of Joseph…
2Cases cited4 opinions
- Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
- Dorman v. CoonSupreme Court of Missouri · 1893
- Wilson v. TaylorSupreme Court of Missouri · 1894
- Wyllie v. HeffernanMissouri Court of Appeals · 1894
3Cited by3 opinions
- State v. HooperSupreme Court of Missouri · 1963
- Mitchell v. WilliamsMissouri Court of Appeals · 1899
- Warder Bushnell & Glessner Co. v. FormanMissouri Court of Appeals · 1900