¶1Inasmuch as the record in this case fails to show the filing of a motion for new trial, or the filing of a bill of exceptions, the exceptions on which the plaintiff in error relies cannot be reviewed. It is true the filing of the motion for new trial and the *442filing of the bill of exceptions are recited in the bill itself, but this has been repeatedly held to be insufficient. These facts must appear in the record proper. No error has been .found in'the record proper; indeed none of that character has been assigned; therefore the judgment will have to be affirmed. It is so ordered.
127 Mo. App. 441
Harris v. Kobusch
Decided November 18, 1907
Missouri Court of Appeals · decided 1907-11-18
<p>APPELLATE PRACTICE: Filing Bill of Exceptions and Motion for New Trial: Record Proper. Where the record proper fails to show the filing of a motion for new trial or bill of exceptions and no error appears on the record proper, there is nothing for the-appellate court to review. The recital of the filing of such motion and bill of exceptions in the bill itself is not sufficient.</p>
Cited by 1 later decisions — most recently March 1909
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1907-11-18
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