Hall v. Hall
| Decision Date | 10 April 1917 |
| Docket Number | No. 17991.,17991. |
| Citation | 194 S.W. 260 |
| Parties | HALL v. HALL et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Bates County.
Action by L. C. Hall against E. R. Hall and others. Decree for plaintiff, and defendants appeal. Affirmed.
Thomas J. Smith, of Butler, for appellants. D. C. Chastain and Silvers & Silvers, all of Butler, for respondent.
This is an action to determine the title to the east half of the southeast quarter of the northwest quarter of section 17, township 39, range 30, in Bates county, Mo. Upon a trial had in the circuit court of Bates county the court decreed the title in favor of plaintiff, and defendants appealed.
Upon an examination of appellants' abstract we find that that portion of the abstract of the record which undertakes to abstract matters of record proper fails to show that a motion for a new trial was filed within four days after the trial. This identical point has been before this court many times, and it has always been held that under the conditions here present our review must be limited to the record proper. Case v. Carland, 264 Mo. 463, 175 S. W. 200; Dalton v. Register & Co., 248 Mo. 150, 154 S. W. 67.
Other irregularities in the abstract are also raised and urged by respondent; but, since the foregoing virtually disposes of the case, it becomes unnecessary to discuss them.
No matter of error arising upon the record proper is urged or raised by appellant.
The judgment is affirmed. All concur.
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Laumeier v. Sammelmann
... ... limited to the record proper, and if the record proper is ... free from error judgment must be affirmed. Hall v. Hall ... et al., 194 S.W. 260; Tracy v. Tracy, 201 S.W ... 903; Pennewell v. Pennewell, 204 S.W. 183. (3) The ... place for statement of the ... ...
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Pennewell v. Pennewell
...Numerous authorities are cited in the Tracy Case, supra, sustaining the conclusion of law reached therein. To same effect are Hall v. Hall et al., 194 S. W. 260; Wilson v. Reed, 270 Mo. 400, 193 S. W. 819; Case v. Carland, 264 Mo. 463, 175 S. W. Nor have appellants filed any statement, poin......
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Potts-Turnbull Advertising Co. v. Gatchell
...show these, and that the motion for a new trial was filed within the proper time. Case v. Carland, 264 Mo. 463, 175 S. W. 200; Hall v. Hall, 194 S. W. 260. The certificate made by the clerk—i. e., the "short form of transcript" filed in the appellate court—even if it can be regarded as evid......