Recar v. Recar
| Decision Date | 01 March 1913 |
| Citation | 171 Mo. App. 632,154 S.W. 423 |
| Parties | RECAR v. RECAR. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jefferson County; H. B. Irwin, Special Judge.
Action by George T. Recar against Edna M. Recar. From a judgment for defendant, plaintiff appeals. Affirmed.
Charles M. Reeves, of St. Louis, for appellant.
This is a suit in equity, in which it is sought to set aside a judgment and decree of divorce procured several years before. It is alleged the decree of divorce sought to be set aside was procured through fraud practiced upon the court in and about its procurement. Upon hearing the evidence, the court found the issue for defendant, and entered judgment dismissing plaintiff's bill. From this judgment plaintiff prosecutes the appeal here, and seeks a review of the evidence.
While all of the evidence and the motion for a new trial are preserved in the bill of exceptions, no exception whatever, touching the action of the court in overruling the motion for a new trial, appears in the abstract. In this condition of the record, we are precluded from reviewing the evidence and the finding and judgment thereon, for the motion for a new trial avails nothing unless an exception be preserved to the action of the court in overruling it. See Wilbrandt v. Laclede Gaslight Co., 135 Mo. App. 220, 115 S. W. 497.
The judgment should therefore be affirmed. It is so ordered.
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Reed v. Moss
... ... 270, 136 S.W. 711; State ex rel. v ... Hitchcock, 86 Mo. 231; Ross v. Kansas City, etc ... Railroad Co., 141 Mo. 390, 42 S.W. 957; Recar v ... Recar, 171 Mo.App. 632, 154 S.W. 423.] The original bill ... of exceptions, now before us, shows that no exceptions were ... saved ... ...
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Reed v. Moss
...ex rel. v. Hitchcock, 86 Mo. 231; Ross v. Kansas City, etc., Railroad Co., 141 Mo. 390, 33 S. W. 926, 42 S. W. 957; Recar v. Recar, 171 Mo. App. 632, 154 S. W. 423. The original bill of exceptions, now before us, shows that no exceptions were saved. Therefore there is no proper bill of exce......
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