65 MO 589 - Johnson v. Hodges

How this case has been cited

Cited by 8 later decisions — most recently February 1937

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Sherwood, C. J.

¶11. pkactice: bin of exceptions.

¶2Ejectment for lands in Dent county.— We are precluded from any examination into the errors alleged to have occurred during the progress 0£ ^r|a]^ as there is no hill of exceptions in the transcript. There is, indeed, what purports to be a bill of exceptions, and. it appears to be signed by a judge; but it does not appear to have ever been filed, either in term time or vacation. There is nothing, therefore, to authenticate the instrument. In order for a bill to “ form a part of the record of the cause,” it must be both signed and filed. (2 W. S. 1044. § 31.) “ The term ‘ filed,’ .as -above employed, has a broader signification than the mere indorsement to that effect, and comprehends more especially, in its proper interpretation, the entry made by the clerk on the record, by which the fact that the bill has been allowed is announced • and appropriately evidenced.” (Fulkerson v. Houts, 55 Mo. 301.) As no error is perceived in the record proper, we affirm the judgment.

All concur.

¶3Aeeirmed.