Cummings v. Eiler
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Eon. L. W. Shafer, Judge. There is no bill of exceptions which can be considered by this court.
1Opinion of the CourtJohnson, J.
Plaintiff appealed from a judgment against him in the circuit court and brought the case here on a transcript of the judgment and order of appeal.
*577The abstract filed in this court contains a petition and answer followed by what purports to be a bill of exceptions, but it fails to show any of the record entries. Aside from the recitals of the bill itself, we are not advised of the filing and overruling of the motion for a new trial, nor of the filing of the bill of exceptions. Such matters must appear from the record and cannot be proven by the recitals of the bill of exceptions. [St. Charles…
2Cases cited4 opinions
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- Williams v. HarrisMissouri Court of Appeals · 1905
- Hughes v. HendersonMissouri Court of Appeals · 1902
- Kampf v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- Page Woven Wire Fence Co. v. BrooksMissouri Court of Appeals · 1907
- Cross v. HendersonMissouri Court of Appeals · 1908