State ex rel. Waggoner v. Leichtman
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) A motion for a new trial not incorporated in the hill of exceptions, though contained in the transcript, cannot he noticed by the appellate court. Stephens v. Saline Co., 65 Mo. 425; McCullen v. Hedges, 20 Mo. App. 688; Rotchford v. Creamer, 65 Mo. 48; State v. Janson, 80 Mo. 97; McKey v. Calvert, 80 Mo. 384; State ex rel. v. Burthartt, 83 Mo. 430; Demske v. Hunter, 23 Mo. App. 466; Hill v. Taylor, 99 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) A motion for a new trial not incorporated in the hill of exceptions, though contained in the transcript, cannot he noticed by the appellate court. Stephens v. Saline Co., 65 Mo. 425; McCullen v. Hedges, 20 Mo. App. 688; Rotchford v. Creamer, 65 Mo. 48; State v. Janson, 80 Mo. 97; McKey v. Calvert, 80 Mo. 384; State ex rel. v. Burthartt, 83 Mo. 430; Demske v. Hunter, 23 Mo. App. 466; Hill v. Taylor, 99 Mo. App. 524. (2) A motion is not a part of the record of the cause, unless it is made such by being incorporated in the…
1Opinion of the CourtCox, J.
Action for damages upon attachment bond, trial by jury, verdict for plaintiff for ninety-five dollars, and defendant has appealed.
Plaintiff insists that the errors complained of in this case cannot be reviewed by this court for the reason that the motion for new trial is not preserved in the bill of exceptions.
The motion for new trial is not copied in the bill of exceptions nor is there any direction therein for the *297clerk to copy the same in tlie transcript. The only reference to the motion for new trial in the bill of exceptions is the following:
“Thereafter, and at the same term, on the -…
2Cases cited4 opinions
- State v. RuckSupreme Court of Missouri · 1906
- Coy v. LandersMissouri Court of Appeals · 1910
- State v. RevelySupreme Court of Missouri · 1898
- State v. HerronSupreme Court of Missouri · 1906
3Cited by5 opinions
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Pugsley v. Ozark Cooperage & Lumber Co.Missouri Court of Appeals · 1911
- Merchants Exchange Bank Ex Rel. Moberly v. Bankers Life Co.Missouri Court of Appeals · 1937
- State ex rel. Waggoner v. LichtmanMissouri Court of Appeals · 1914
- Ridge v. WittmanMissouri Court of Appeals · 1933