McKee v. Donner

• Decision Date: 14 July 1914
• Docket Number: No. 16782.,16782.
• Citation: 168 S.W. 1198
• Parties: McKEE et al. v. DONNER et al.
• Court: Missouri Supreme Court

168 S.W. 1198

McKEE et al. v. DONNER et al.

No. 16782.

Supreme Court of Missouri, Division No. 2.

July 14, 1914.

Error to Circuit Court, Butler County; J. C. Sheppard, Judge.

Action by Catherine McKee and others against Arthur Donner and others. Decree for defendants, and plaintiffs bring error. Affirmed.

E. R. Lentz and D. W. Hill, both of Poplar Bluff, for plaintiffs in error. L. F. Dinning and Lew R. Thomason, both of Poplar Bluff, for defendants in error.

WILLIAMS, C.

This is an action to quiet title to real estate. Trial was had in the circuit court of Butler county, resulting in a decree for defendants. Plaintiffs bring the case here by writ of error. Defendants in error insist that the appellate review must be limited to the record proper, on the ground that the correct bill of exceptions does not contain plaintiffs' motion for new trial, nor any call for said motion. Upon an examination, we find that defendants' claim is correct. The situation of the record in this case is identical with that discussed in the recent case of Haggerty et al., Appellants v. Ruth et al., Respondents, 168 S. W. 587, delivered by this Division, but not yet officially reported. The record proper appears to be free from error, and for the reasons stated in the opinion in the above-mentioned case the judgment is affirmed.

ROY, C., concurs.

PER CURIAM.

The foregoing opinion of WILLIAMS, C., is adopted as the opinion of the court. All the Judges concur.