Morgan v. Smith

• Decision Date: 06 May 1907
• Citation: 102 S.W. 673,125 Mo.App. 238
• Parties: JOSEPH MORGAN, by his Guardian, etc., Appellant, v. MARY J. SMITH, Administratrix, etc., Appellant
• Court: Kansas Court of Appeals

102 S.W. 673

125 Mo.App. 238

JOSEPH MORGAN, by his Guardian, etc., Appellant, v. MARY J. SMITH, Administratrix, etc., Appellant

Court of Appeals of Missouri, Kansas City

May 6, 1907

Appeal from Carroll Circuit Court.--Hon. John P. Butler, Judge.

AFFIRMED.

Cause affirmed.

Lozier, Morris & Atwood and Jones & Conkling for appellant.

F. S. Hudson, John H. Taylor and Conkling & Rea for respondent.

OPINION

BROADDUS, P. J.

Both parties appealed from the judgment of the court. Neither party files an abstract. The defendant besides bringing a transcript of the judgment and order granting an appeal has furnished a copy of the pleadings and bill of exceptions. There is nothing to show by the record proper that any motion for a new trial was ever filed. Such being the case, there is nothing before the court but the pleadings and the judgment. And furthermore there is nothing to show, except in the bill of exceptions, that said motion was ever filed. This case is like that of the City of St. Charles ex rel. v. Deemar, 174 Mo. 122, 73 S.W. 469.

Finding no error in the record proper, the cause is affirmed. All concur.