Albin v. Chicago, R. I. & P. Ry. Co.

• Decision Date: 07 April 1902
• Court: Missouri Court of Appeals
• Parties: ALBIN v. CHICAGO, R. I. & P. RY. CO.<SMALL><SUP>1</SUP></SMALL>

67 S.W. 934

ALBIN v. CHICAGO, R. I. & P. RY. CO.¹

Court of Appeals of Kansas City, Missouri.

April 7, 1902.

APPEAL — RECORD — AMENDMENT.

Omissions in abstract of record on appeal of judgment and date of rendition, time of motion for new trial, and record entry of filing of bill of exceptions, cannot be supplied by additional abstract, just before hearing, without consent of opposing party.

Appeal from circuit court, Gentry county; Gallatin Craig, Judge.

Action by James W. Albin against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff. Defendant appeals. Appeal dismissed.

W. F. Evans and McDougal & Sebree, for appellant. Peery & Lyons and Harber & Knight, for respondent.

PER CURIAM.

This action is for personal injuries alleged to have been suffered by plaintiff. He recovered judgment in the trial court. The appeal is taken under what is known as the "short method." The abstract of the record does not contain the judgment, or the date when it was rendered. Neither does it set forth the time when the motion for new trial was filed. Nor does it contain any record entry of the filing of the bill of exceptions. Shortly prior to the day when the cause was set for hearing, an additional abstract was filed, supplying omissions which we have indicated. But this was without consent of opposing counsel. We will therefore dismiss the appeal.

1. Rehearing denied May 5, 1902.