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61 Mo. 375

In re Spencer

Supreme Court of Missouri

Decided October 15, 1875

Supreme Court of Missouri · decided 1875-10-15

<p>1. Practice, Supreme Court— Writ of error — Judgment not of record. — Although the bill of exceptions recites that a judgment was rendered, if the same does not appear of record, a writ of error will be dismissed.</p>

Decided 1875-10-15

Sherwood, Judge,

¶1delivered the opinion of the court.

¶2O. E. Spencer, the sheriff of Jasper county, was fined for contempt by the Lawrence circuit court, for refusing to serve a subpoena in a civil cause.

¶3It is impossible for ns to notice the error assigned, as although the bill of exceptions recites that a judgment was rendered for the fine, yet the judgment does not appear iii the record. (Silvey vs. Summer, 51 Mo., 199; Dale vs. Copple, 53 Mo., 321.)

¶4■The writ of error will therefore be dismissed.

All tlie other judges concur.
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