State ex rel. Lane v. Robinson, Maness & Stark
Missouri Court of Appeals
Appeal from. Newton Circuit Court. — Hon. F. G. Johnston, Judge. " (1) Tbe original bill of exceptions not containing either motion for new trial, motion in arrest, or affidavit for an appeal, and no call for their insertion, there is nothing before this court for review. State ex rel. v. Pulliam, 104 Mo. App. 94; Parsons v. Clark & Co., 98 Mo. App. 28; Warher v. Morin, 13 Mo. 455; Kurz v. Turley, 4 Mo.
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Appeal from. Newton Circuit Court. — Hon. F. G. Johnston, Judge. " (1) Tbe original bill of exceptions not containing either motion for new trial, motion in arrest, or affidavit for an appeal, and no call for their insertion, there is nothing before this court for review. State ex rel. v. Pulliam, 104 Mo. App. 94; Parsons v. Clark & Co., 98 Mo. App. 28; Warher v. Morin, 13 Mo. 455; Kurz v. Turley, 4 Mo. App. 237. It may be contended by appellants that the two bills of exception taken together show the' testimony, motion for new trial, etc. But the judge has only power to approve, sign and…
1Opinion of the CourtNortoni, J.
1. The first question presented relates to the bill of exceptions. The court allowed an appeal in the cause and granted appellants leave to file the bill in vacation. In the interim and before the time granted by the court therefor had expired, one of appellants’ counsel presented to the judge in chambers what purported to be a bill of exceptions. It was indorsed “OK” by counsel representing the adverse party which, of course, taken together with the fact that appellants’ counsel had presented it, indicated the same to have been agreed upon by the parties. In view of this, the judge signed…
2Cases cited11 opinions
- Smith v. PattonCourt of Appeals of Kentucky · 1898
- Jones v. StateCourt of Appeals of Maryland · 1887
- Higgins v. StateCourt of Appeals of Maryland · 1885
- Medford v. StateCourt of Criminal Appeals of Texas · 1903
- Chandler v. Kansas City Missouri Gas Co.Supreme Court of Missouri · 1903
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3Cited by1 opinion
- State ex rel. Wirt v. County CourtMissouri Court of Appeals · 1909