Hensley v. Peck
Supreme Court of Missouri
APPEAL SBOM ST. LOUIS COUBT OB' COMMON PLEAS. Tlie testimony in this cause haying been concluded, the only remaining question arises upon the record and the instructions and action of the court thereon.
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APPEAL SBOM ST. LOUIS COUBT OB' COMMON PLEAS. Tlie testimony in this cause haying been concluded, the only remaining question arises upon the record and the instructions and action of the court thereon. After the close of the testimony on the trial, the plaintiffs (appellants) asked the court to giye the two instructions set forth in the transcript, and the defendants consented to the giving of said instructions, and the cause was thereupon submitted to the jury for their decision, and the court adjourned till next morning. When the court met, the jury not having agreed upon their verdict.,…
1Opinion of the CourtRylahd, J.
In this case there is no bill of exceptions properly taken, saving all the evidence given in the court below; therefore, as to the proper or improper instructions given or refused, this court can form no opinion — the evidence is not preserved. The making out the testimony from the notes of the reporter months after they were taken, instead of being made out in full and submitted to the counsel and court immediately, if neces’-sary for insertion in the bill of exceptions, will not be sanctioned by this court
*415There is nothing, then, for this court to adjudicate upon, except the fact of the…
2Cited by6 opinions
- Gassman v. JarvisU.S. Circuit Court for the District of Indiana · 1899
- Huthsing v. MausSupreme Court of Missouri · 1865
- Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901
- Wilson & Co. v. StarkMissouri Court of Appeals · 1890
- Mayer v. OldMissouri Court of Appeals · 1892
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