¶1It is conceded that the motion for a new trial is not incorporated in the bill of exceptions This is a fatal defect, so far as concerns anything which occurred during the progress of the trial and necessary to be preserved in the bill of exceptions. And our statute regarding practice in civil cases recognizes no distinction in this regard between proceedings of an equitable nature and those which seek the enforcement of some right strictly legal. We do not feel authorized to make a distinction in this regard which the legislature have not made, and thus engraft upon the statute an unwarranted exception. Discovering no error in the record proper, we affirm the judgment.
76 Mo. 344
McCarthy v. McGinnis
Decided October 15, 1882
Supreme Court of Missouri · decided 1882-10-15
Louis Court of Appeals. The defendant, McGinnis, having recovered of the plaintiff's a certain lot in ejectment, the plaintiffs brought this suit under the statute, (R. S., § 2259,) to recover the value of improvements made on the lot in good faith, and also to enjoin the defendant from taking possession under his judgment in ejectment until the value of the improvements should be ascertained. Plaintiffs had judgment in the circuit court and in the court of appeals.
Cited by 3 later decisions — most recently November 1898
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1882-10-15
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