Baird v. Baird

• Decision Date: 06 October 1908
• Citation: 113 S.W. 216
• Parties: BAIRD v. BAIRD et al.
• Court: Missouri Court of Appeals

113 S.W. 216

BAIRD v. BAIRD et al.

St. Louis Court of Appeals. Missouri.

October 6, 1908.

1. APPEAL AND ERROR (§ 537)—BILL OF EXCEPTIONS—FILING OUT OF TIME—EFFECT.

A bill of exceptions, filed out of time, cannot be considered on appeal.

2. APPEAL AND ERROR (§ 238)—REVIEW OF RECORD—MOTION IN ARREST OF JUDGMENT— NECESSITY.

The record proper cannot be reviewed, where no motion in arrest of judgment was filed.

Appeal from Circuit Court, Pemiscot County; Henry C. Riley, Judge.

Action by Mollie Baird against T. J. Baird and others. From the judgment, defendants appeal. Affirmed.

J. P. Trebble and Duncan & Bragg, for appellants. Ward & Collins for respondent.

BLAND, P. J.

The bill of exceptions in this cause was filed out of time; hence it cannot be considered. No motion in arrest of judgment was filed, and for this reason the record proper cannot be reviewed.

There is, therefore, nothing before the court for review, and the judgment, on motion of respondent, is affirmed. All concur.