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80 Mo. 230

Ray v. Brown

Supreme Court of Missouri

Decided October 15, 1883

Supreme Court of Missouri · decided 1883-10-15

<p>Practice in the Supreme Court: bill of exceptions. This court will not review a case, the record of which contains no bill of exceptions preserving the evidence and motions.</p>

Cited by 1 later decisions — most recently January 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1883-10-15

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Ewing, C.

¶1This is a proceeding in the nature of a hill in equity to foreclose or enforce an equitable mortgage. The defendant Brown filed his separate answer claiming title in himself by virtue of a sheriff’s deed. The plaintiff moved to strike out that part of the answer, but the record does not show what disposition, if any, was made of the motion. The court below found for the plaintiff'. There *231is do bill of exceptions in the case preserving the evidence or motions, and, as has been repeatedly held by this court, the case cannot, therefore, he reviewed.

¶2The judgment of the circuit court must be affirmed.

All concur.Ray, J., not sitting.
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