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65 Mo. 496

Collins v. Barding

Supreme Court of Missouri

Decided October 15, 1877

Supreme Court of Missouri · decided 1877-10-15

<p>Motion for Uew Trial. The Supreme Court will notice no errors not appearing in the record proper, unless the motion for new trial is incorporated in the bill of exceptions. Mere reference in the bill to a prior page of the transcript, where it is set out in full, will not answer.</p>

Cited by 7 later decisions — most recently April 1888

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-10-15

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Sherwood, C. J.

¶1Action on promissory notes, the questions in the case all concerning the pleas of payment and of the statute of limitations. It is impossible lor us to notice the alleged errors, as the motion for a new trial has not been incorporated in the bill of exceptions. Mere ref*497erence to the page of the transcript will not answer. Motions must be incorporated in the bill in order to be regarded by ns—(Pacific R. R. Co. v. Opel, decided at last term). As there is no error in the record proper, the judgment is affirmed.

All concur.

¶2Affirmed.

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