Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 264

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 264

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...proper fails to show that a motion for a new trial was filed within four days after the trial. In fact the abstract of the record proper fails to state does state that a. motion for a new trial was filed. But it has been held by a long line of cases in this State that such a showing is insuflicient. Discussing this identical point in the recent case of Dalton v. Register & Co., 248 Mo. 150, Gauns, J., speaking for the court, said: "These cases are of such long standing and so numerous that the lawyers of the State must abide by them; and so consistent is the ruling that We shall not further restate the rule, other Case v. Carland. than to state that under these we have held that the abstract of the record proper, as distinguished from the abstract of the bill of exceptions, must show the filing and overruling of a motion for new trial. And if it does not so show, then we have only the record proper before us for consideration." Appellant contends that the abstract is suflicient under Rule 32 of this court. But appellant cannot invoke the aid of the above rule in the present case for two reasons, viz.: (1) Rule 32 has to do only with record entries showing the necessary steps in perfecting the appeal', such as the filing of an affidavit for an appeal, order granting an appeal, and the record entries concerning the leave to file and the filing of bills of exceptions. It cannot be said that the filing of a motion for a new trial is a necessary step to perfect an appeal, because an appeal may be taken even when a motion for new trial has not been filed. And when a motion for new trial is filed "the steps to perfect an appeal" are not taken until the motion is passed upon and is out of the way. (2) Even though...show more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236990536
  • 9781236990532