Kampf v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». ' Franklin Ferris, Judge. (1) The record, as shown by plaintiff’s abstract, does not show that any bill of exceptions was filed in the court below and by order of the court entered of record. The filing of a bill of exceptions can not be proven by its own recitals. Reno v. Fitz Jarrell, 163 Mo. 411; State v. Baty, 166 Mo. 561; Allen v. Funk, 85 Mo. App. 460; Burdick v. Life Ass ’n, 86 Mo. App. 94; Shoe Co. v. Williams, 91 Mo.
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Appeal from St. Louis City Circuit Court. — No». ' Franklin Ferris, Judge. (1) The record, as shown by plaintiff’s abstract, does not show that any bill of exceptions was filed in the court below and by order of the court entered of record. The filing of a bill of exceptions can not be proven by its own recitals. Reno v. Fitz Jarrell, 163 Mo. 411; State v. Baty, 166 Mo. 561; Allen v. Funk, 85 Mo. App. 460; Burdick v. Life Ass ’n, 86 Mo. App. 94; Shoe Co. v. Williams, 91 Mo. App. 511; Lucas v. Huff, 92 Mo. App. 369; Hayden v. Alkire Grocer Co., 88 Mo. App. 241; Roush v. Cunningham, 163 Mo.…
1Opinion of the CourtGoode, J.
Appeal from order of circuit court granting new trial on ground of newly-discovered evidence.
*315No- error is assigned on the record proper, and the abstract of record fails to show a bill of exceptions was filed. There is a recital of its filing in the bill itself, but that is not enough, the Supreme Court has said. Western Storage & Warehouse Co. v. Glasner, 150 Mo. 426; Reno v. Fitz Jarrell, 163 Mo. 411.
The judgment is affirmed.
Bland, P. J., and Bey-burn, J., concur.
2Cases cited2 opinions
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1899
- Reno v. JarrellSupreme Court of Missouri · 1901
3Cited by4 opinions
- Redd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Page Woven Wire Fence Co. v. BrooksMissouri Court of Appeals · 1907
- Cummings v. EilerMissouri Court of Appeals · 1906
- Cross v. HendersonMissouri Court of Appeals · 1908