Bates v. Ruth & Mengal Realty Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) The alleged bill of exceptions forms no part of tbe record of tbis cause, for tbe reason that tbe same was not filed witbin tbe time given by tbe court in wbicb tbe same should be filed. Eicketts v. Hart, 150 Mo. 681; Eimel v. Hayes, 83 Mo. 200; State v. Eolley, 135 Mo. 678; Finlay v. Gill, 80 Mo.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) The alleged bill of exceptions forms no part of tbe record of tbis cause, for tbe reason that tbe same was not filed witbin tbe time given by tbe court in wbicb tbe same should be filed. Eicketts v. Hart, 150 Mo. 681; Eimel v. Hayes, 83 Mo. 200; State v. Eolley, 135 Mo. 678; Finlay v. Gill, 80 Mo. App. 459. Tbe so-called bill of exceptions in tbis cause does not sbow affirmatively that plaintiff’s motion for a new trial was filed witbin four days (intervening Sunday excepted) after tbe rendition of tbe judgment in said cause.…
1Opinion of the CourtGoode, J.
Tbis suit, wbicb is one to set aside an alleged fraudulent satisfaction of a deed of trust and' foreclose tbe same, is in no condition to be reviewed as tbe record stands. Tbe judgment was rendered at tbe February adjourned term of tbe circuit court of Butler county. Tbe motion for a new trial was overruled on tbe nineteenth day of May. The affidavit for appeal was sworn to tbe twenty-sixth day of tbe same *552month. When it was filed is not shown. The appeal was granted and ninety days given in which to file the bill of exceptions. The record is entirely silent as to when this order was made bnt…
2Cases cited18 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State v. GilmoreSupreme Court of Missouri · 1892
- Ricketts v. HartSupreme Court of Missouri · 1899
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- State v. HarrisSupreme Court of Missouri · 1894
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3Cited by3 opinions
- Hughes v. HendersonMissouri Court of Appeals · 1902
- Fast v. GrayMissouri Court of Appeals · 1904
- Walner v. WadeMissouri Court of Appeals · 1907