Collins v. Barding
| Decision Date | 31 October 1877 |
| Citation | 65 Mo. 496 |
| Parties | COLLINS ET. AL., APPELLANTS v. BARDING. |
| Court | Missouri Supreme Court |
Appeal from Cedar Circuit Court.--HON. JOHN D. PARKINSON, Judge.
R. F. Buler, for appellants.
Action on promissory notes, the questions in the case all concerning the pleas of payment and of the statute of limitations. It is impossible for us to notice the alleged errors, as the motion for a new trial has not been incorporated in the bill of exceptions. Mere reference to the page of the transcript will not answer. Motions must be incorporated in the bill in order to be regarded by us--( Pacific R. R. Co. v. Opel, decided at last term). As there is no error in the record proper, the judgment is affirmed.
All concur.
AFFIRMED
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21 cases
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State v. Anderson
...their cabin. (3) The court will not consider any instructions or motions unless they are set out in the bill of exceptions. Collins et al. v. Barding, 65 Mo. 496; State to use, etc., v. Eldridge, 65 Mo. 584; State v. Shehane, 25 Mo. 565. The case to be tried is that made by the records. The......
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Bevin v. Powell
...v. Curtis, 54 Mo. 351; The State v. Marshall, 36 Mo. 400; Lancaster v. Insurance Co., 62 Mo. 121; Morgner v. Kister, 42 Mo. 466; Collins v. Barding, 65 Mo. 496. The record proper, within the meaning of this rule, is nothing more than the original process with the return thereon, the pleadin......
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City of Weston v. Bank of Greene County
...no matter of exception is before us for review, but only the record proper. State v. Spalding, 134 Mo. App. 587, 115 S. W. 452; Collins v. Barding, 65 Mo. 496; Arnold v. Boyer, 108 Mo. 310, 18 S. W. 913; Noble v. Brinson, 231 Mo. 640, 642, 132 S. W. 1068; Realty Co. v. Brewing Co., 247 Mo. ......
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Lenox v. Harrison
...answer, not being incorporated in the bill of exceptions, cannot be noticed by this court. City of Jefferson v. Opel, 67 Mo. 394; Collins v. Barding, 65 Mo. 496; Robinson v. Hood, 67 Mo. 640. (2) There is no equity in plaintiffs' bill. If the final settlement was made without notice, as all......
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