Cartee v. Marler, 26782.

• Decision Date: 19 February 1946
• Docket Number: No. 26782.,26782.
• Citation: 192 S.W.2d 634
• Parties: CARTEE et ux. v. MARLER et al.
• Court: Missouri Court of Appeals

192 S.W.2d 634

CARTEE et ux. v. MARLER et al.

No. 26782.

St. Louis Court of Appeals. Missouri.

February 19, 1946.

Appeal from Circuit Court, St. Francois County; Norwin D. Houser, Judge.

"Not to be reported in State Reports."

Proceeding by Mr. and Mrs. Arch Cartee against Norman Marler and another. Judgment for defendants, and plaintiffs appeal.

Appeal dismissed.

J. O. Swink, of Farmington, for appellants.

W. A. Brookshire, of Farmington, for respondents.

HUGHES, Presiding Judge.

There was filed in this court a paper purporting to show record entries of the circuit court, and reciting that on the 27th day of November, 1943, there was filed with the clerk of the circuit court of St. Francois County a petition wherein Mr. and Mrs. Arch Cartee were plaintiffs and Norman Marler and Anna Marler were defendants. This is followed by various entries, such as the setting and resetting of the case, filing of and ruling on motions, and showing a judgment for the defendants, and an appeal granted to plaintiffs to this court on October 20, 1944. This certified copy of court entries was filed in this court on December 19, 1944.

Thereafter, on October 3, 1945, there was filed with the clerk of this court what purports to be an original bill of exceptions, showing the institution of the suit by plaintiffs and against defendants in a justice of the peace court; a trial on appeal in the circuit court; an involuntary non-suit; overruling of plaintiffs' motion to set the same aside; and plaintiffs' appeal to this court. This bill of exceptions purports to be signed by the judge but is not authenticated by the circuit clerk.

The appeal was taken under the statute in effect prior to January 1, 1945, and the record before us is insufficient to confer jurisdiction in this court for the reasons: There is no compliance with Section 1194, R.S.1939, Mo.R.S.A. § 1194, in that there was not filed in this court fifteen days before the first day of the term of this court to which the appeal would be returnable a perfect transcript of the record and proceedings in the cause, nor in lieu thereof a certified copy of the judgment and order granting an appeal and an abstract as required by said Section 1194, and by Rule 12 of this court. On the other hand, if the intention of appellants was to complete an appeal taken before January 1, 1945, under what is called the new code which went into effect on that date, the statute has not been complied with in that there is not...