Legal Opinion · Concurrence

State v. Ryan

Supreme Court of Missouri

Decided February 5, 1894Published

Appeal from St. Louis Criminal Court. — Hon. Rudolph Hirzel, Special Judge. (1) The bill of exceptions was filed in proper time.

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Appeal from St. Louis Criminal Court. — Hon. Rudolph Hirzel, Special Judge. (1) The bill of exceptions was filed in proper time. The time for filing the bill of exceptions was extended beyond the term at which the motions for a new trial and in arrest of judgment were overruled by written stipulations, signed by the attorneys of the parties to the suit, which stipulations .were duly filed with the clerk of the trial court and by him copied into the transcript of the record now on file in this court. This was a full and complete compliance with the statute in force at the time. R. S. 1889,…

1ConcurrenceShekwood, J.

(concurring). — Considering the importance of the subject, the eases and the statutes which have been reviewed in the minority opinion, I *105have deemed it best to add a few additional observations.

Our early statute touching the point in hand, as appears from statutes, 1835, was the following.

“Sec. 20. Whenever, in the progress of any trial, in any civil suit depending in any court of record, either party shall except to the opinion of the court and shall write his exception, and pray the court to allow and sign the same, the person or persons composing the court, or the major part of them,…

2Cases cited9 opinions

  1. Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
  2. State v. ParkerSupreme Court of Missouri · 1891
  3. State v. McO'BlenisSupreme Court of Missouri · 1855
  4. West v. FowlerSupreme Court of Missouri · 1874
  5. Dinwiddie v. JacobsSupreme Court of Missouri · 1884

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