Wade v. Alexander
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — lion. Jas. D. Barnett, Judge. The transcript is under the shorter process and the foregoing printed .abstract from pages 1 to 15 con-tarns the pleading of the parties; from pages 15 to 16, a brief statement of the case, and from pages 16 to 43 the end of the bill of exceptions.
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Appeal from Montgomery Circuit Court. — lion. Jas. D. Barnett, Judge. The transcript is under the shorter process and the foregoing printed .abstract from pages 1 to 15 con-tarns the pleading of the parties; from pages 15 to 16, a brief statement of the case, and from pages 16 to 43 the end of the bill of exceptions. The abstract of the record filed by appellant in this cause fails to show that a motion for a new trial was filed and overruled, or that leave was given to file bill of exceptions, or that the bill was filed 'within the proper time, and presents to this court only the record…
1Opinion of the CourtWoodson, J.
The plaintiff instituted this suit April 4, 1904, to set aside a sale made by the trustee under a deed of trust on March 5, 1904. A trial was had on December 15,1906, in the circuit court of Montgomery county, which resulted in a judgment for the defendants, and plaintiff appealed.
The only entries appearing in the record proper are copies of the amended petition, answer and reply, and the dates when each were filed. It fails to show that a motion for a new trial was filed or overruled, or that leave was given plaintiff to file a bill of exceptions, or that the bill of exceptions was filed in…
2Cases cited3 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Hill v. Butler CountySupreme Court of Missouri · 1906
- Harris v. WilsonSupreme Court of Missouri · 1906
3Cited by2 opinions
- Hutson v. AllenSupreme Court of Missouri · 1911
- Mackley v. St. Louis Smelting & Refining Co.Supreme Court of Missouri · 1911