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78 Mo. App. 501

Nichols v. Engler

Missouri Court of Appeals

Decided February 6, 1899

Missouri Court of Appeals · decided 1899-02-06

— Hon. E. L. Soarritt, Judge. The abstract of record fails to show even judgment sought to be reversed or when the motion for new trial was overruled, and fails to show that the court, at the term when motion was overruled, gave definite time thereafter to file a bill of exceptions, or within such time gave an extension, or that the bill was ever filed within such or any other time.

Cited by 2 later decisions — most recently June 1902

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Aeeirmed · Decided 1899-02-06

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ELLISON, J.

¶1This action is for conversion. Judgment below was for plaintiff.

¶2The appeal talcen in this case is by the short method and there is nothing in the record as shown by the abstract to show when the motion for new trial was overruled. There is nothing in the record or abstract to show when the bill of exceptions was filed. The record as copied in the abstract shows the court gave defendant time within which to file his bill'of exceptions, but does not show when this was done, or what time was given. The record as shown in the abstract shows that the time was extended, but does not show when it was extended. It shows the signing and sealing of the bill of exceptions, but does not show when it was done.

¶3These matters are fatal to the bill of exceptions.

¶4The record should show when the bill of exceptions was filed. It should appear when the time was extended and when re-extended that the first extension had not expired. This need not be stated in words, but the dates should show it.

¶5It follows that we must reject the bill of exceptions, which leaves nothing but the record proper before us. An examination of the latter does not disclose any error and the judgment will therefore be affirmed.

All concur.
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