Page Woven Wire Fence Co. v. Brooks

• Decision Date: 07 October 1907
• Parties: PAGE WOVEN WIRE FENCE COMPANY, Respondent, v. D. T. BROOKS, Appellant
• Court: Kansas Court of Appeals

104 S.W. 482

126 Mo.App. 495

PAGE WOVEN WIRE FENCE COMPANY, Respondent, v. D. T. BROOKS, Appellant

Court of Appeals of Missouri, Kansas City

October 7, 1907

Appeal from Bates Circuit Court.--Hon. Charles A. Denton, Judge.

AFFIRMED.

Judgment affirmed.

Silvers & Silvers for appellant.

Silas W. Dooley for respondent.

OPINION

JOHNSON, J.

Defendant appealed from a judgment against him in the circuit court and brought the case here on a transcript of the judgment and order of appeal. Aside from the recitals in what purports to be a bill of exceptions, the abstract of the record filed by appellant fails to show the verdict and judgment, filing and overruling of motion for new trial and filing of bill of exceptions.

It has been held over and over again that such matters cannot be proved by the recitals of the bill of exceptions, but must appear from the record. [Cummings v. Eiler, 121 Mo.App. 576, 97 S.W. 218; Redd v. Railway, 122 Mo.App. 93; Walner v. Wade, 101 S.W. 686, 124 Mo.App. 496; St. Charles ex rel. v. Deemar, 174 Mo. 122, 73 S.W. 469; Williams v. Harris, 110 Mo.App. 538, 85 S.W. 643; Kampf v. Transit Co., 102 Mo.App. 314, 76 S.W. 642; Hughes v. Henderson, 95 Mo.App. 312, 68 S.W. 1069.]

None of the errors assigned is properly before us for review and, accordingly, the judgment must be affirmed. All concur.