Kirk v. Kane
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. J. D. Perkins, Judge. Piled brief and argument on merits. While what purports to be the-bill of exceptions is copied into the printed abstracts of the record, there appears to be nothing contained in the record proper showing the filing of such bill of exceptions. This is fatal. It has been uniformly held that a bill of excep-. tions can not prove itself.
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Appeal from Jasper Circuit Court. — Now. J. D. Perkins, Judge. Piled brief and argument on merits. While what purports to be the-bill of exceptions is copied into the printed abstracts of the record, there appears to be nothing contained in the record proper showing the filing of such bill of exceptions. This is fatal. It has been uniformly held that a bill of excep-. tions can not prove itself. As no such entry appears in the abstract of the record proper, the bill of exceptions can not be noticed. State v. Ryan, 120 Mo. 88; Lawson v. Mills, 150 Mo-. 428; Storage & Warehouse Co. v. Glasner,…
1Opinion of the CourtSmith, P. J.
— This case was here by appeal on a’ former occasion, as may be seen by reference to 87 Mo. App. 274, when the judgment of the circuit court was reversed and the cause remanded. Since then there has been another trial in which the plaintiff had judgment and the defendant appealed.
*557The plaintiff in his brief insists that the appeal should be denied for the reason no entry appears in the abstract showing the filing of what purports to' be a bill of exceptions. The defendant before the cause was submitted filed an additional abstract. The original abstract was not only defective in the particular…
2Cases cited4 opinions
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1899
- Crossland v. AdmireSupreme Court of Missouri · 1899
- Lawson v. MillsSupreme Court of Missouri · 1899
- Kirk v. KaneMissouri Court of Appeals · 1901
3Cited by6 opinions
- Greenwood v. Parlin & Orendorff Co.Missouri Court of Appeals · 1903
- Bradbury v. KernsMissouri Court of Appeals · 1905
- Walner v. WadeMissouri Court of Appeals · 1907
- Mason v. SmithMissouri Court of Appeals · 1907
- State v. WoodringMissouri Court of Appeals · 1909
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