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23 Mo. App. 412

Furber v. Conway

Missouri Court of Appeals

Decided November 23, 1886

Missouri Court of Appeals · decided 1886-11-23

<p>Appellate Procedure—Motion for New Trial—Exceptions.—It is essential that the bill of exceptions preserve the motion for a new trial where the matters sought to be reviewed on appeal are matters of exception.</p>

Cited by 1 later decisions — most recently April 1910

1 state decisions

Relies on Rotchford v. Creamer

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1886-11-23

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Lewis, P. J.,

¶1delivered the opinion of the court.

¶2This was an application for a restraining order to prevent the selling of personal property under an exe: cution by a constable. A temporary injunction was granted, and upon the final hearing this was' dissolved and judgment wa rendered for the defendants.

¶3The bill of exceptions contains no motion for a new trial, nor any statement that one was filed. Under the uniform rulings of the supreme court, and of this court, we are, therefore, precluded, from any examination into the merits of the controversy. Outside of the bill of exceptions, no point is saved for our attention, and the judgment must be affirmed. Rotchford v. Creamer, 65 Mo. 48.

All the judges concur.
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