Phoenix Stone & Lime Co. v. Huggins
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Thomas J. Seehorn, Judge. (1) The record in this cause printed and filed by the appellant fails to show the filing of a motion for a new trial, or the filing of a bill of exceptions, and therefore the exceptions relied upon by the appellant cannot be reviewed in this court, and there being no error assigned on the record proper the judgment should be affirmed. Harris v. Kobusch, 127 Mo. App. 441; Ellman v. Schultz, 127 Mo.
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Appeal from Jackson Circuit Court. — No». Thomas J. Seehorn, Judge. (1) The record in this cause printed and filed by the appellant fails to show the filing of a motion for a new trial, or the filing of a bill of exceptions, and therefore the exceptions relied upon by the appellant cannot be reviewed in this court, and there being no error assigned on the record proper the judgment should be affirmed. Harris v. Kobusch, 127 Mo. App. 441; Ellman v. Schultz, 127 Mo. App. 203; In re Boeckenkamp, Est., 127 Mo. App. 16; Downs v. Packing Co., 127 Mo. App. 688. •
1Opinion of the CourtEllison, J.
This action is on an account for cut stone furnished defendant at his instance and request. The judgment in the trial court was for the plaintiff.
*210The abstract of the record presented here does not show by the record proper that any motion for new trial was filed, or that there was a bill of exceptions filed. The bill of exceptions shows those things, but it has been ruled a great number of times that they must be shown by the record proper.
Defendant presented at the hearing a paper denominated a supplemental abstract. This was done without consent and cannot be noticed. [Thompson v. Ruddick,…
2Cases cited7 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- Thompson v. RuddickSupreme Court of Missouri · 1908
- Clay v. Union Wholesale Publishing Co.Supreme Court of Missouri · 1906
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3Cited by1 opinion
- Hopper v. FulbrightMissouri Court of Appeals · 1913