Tillman v. Mayor

• Decision Date: 10 January 1910
• Citation: 124 S.W. 576
• Parties: TILLMAN v. MAYOR, ETC., OF CITY OF GLASGOW.
• Court: Missouri Court of Appeals

124 S.W. 576

TILLMAN v. MAYOR, ETC., OF CITY OF GLASGOW.

Kansas City Court of Appeals. Missouri.

January 10, 1910.

APPEAL AND ERROR (§ 537) — RECORD — EXCEPTIONS — BILL OF EXCEPTIONS.

Matters of exception are not reviewable on appeal, where the bill of exceptions was not filed in time; the delay not being due to any fault of respondent's counsel.

Appeal from Circuit Court, Howard County; A. H. Waller, Judge.

Action by Amelia Tillman against the Mayor, Councilmen, and Citizens of the City of Glasgow. From a judgment for plaintiff, defendant appeals. Affirmed.

Percival Birch, for appellant. A. W. Walker and O. S. Barton, for respondent.

JOHNSON, J.

This suit is for damages resulting to plaintiff from the acts of defendant city in changing the grade of the street in front of property of plaintiff and in removing certain shade trees. It is conceded the petition states a cause of action, and that the verdict and judgment, which were for plaintiff, are responsive to the issues made by the pleadings. The errors assigned by appellant relate entirely to matters of exception.

Point is made by respondent that such matters are not before us for consideration, because the abstract of the record discloses that the bill of exceptions was filed out of time. The point is well taken. We do not agree with appellant that the failure to file the bill of exceptions in time was due in whole or in part to any fault of respondent's counsel.

We find no error in the record proper, and it follows that the judgment must be affirmed. All concur.