Harper v. Standard Oil Co.

Missouri Court of Appeals

Harper v. Standard Oil Co.

74 Mo. App. 644, 1898 Mo. App. LEXIS 366

CourtMissouri Court of Appeals

DecidedApril 29, 1898

StatusPublished

Cited by2 cases

This text of 74 Mo. App. 644 (Harper v. Standard Oil Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harper v. Standard Oil Co., 74 Mo. App. 644, 1898 Mo. App. LEXIS 366 (Mo. Ct. App. 1898).

Pincite

Opinion

Biggs, J.

PappellatetriaI: — In this case there is no order granting an appeal. The briefs of counsel treat the case as being here on writ of error, but there is no evidence in the record that a writ of error has been issued. Under this condition of the record we can only strike the cause from the docket. In view of further proceedings (which may be taken), we deem it proper to call attention to the present record. There appears to have been an involuntary non-suit in the case. The motion to set aside the nonsuit is copied into the transcript, but it does not appear as a part of the bill of exceptions. Neither •does the bill of exceptions direct the clerk to copy it. It is imperative that such a motion be preserved in [646]*646the bill of exceptions itself; or, if it appears in a different portion of the transcript, the bill of exceptions-must contain an order for the clerk to copy it. This-is in accordance with the plain provisions of the statute. R. S. 1889, sec. 2304. The cause will be stricken from the docket.

All the judges concur.

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Biggs, J.

PappellatetriaI: — In this case there is no order granting an appeal. The briefs of counsel treat the case as being here on writ of error, but there is no evidence in the record that a writ of error has been issued. Under this condition of the record we can only strike the cause from the docket. In view of further proceedings (which may be taken), we deem it proper to call attention to the present record. There appears to have been an involuntary non-suit in the case. The motion to set aside the nonsuit is copied into the transcript, but it does not appear as a part of the bill of exceptions. Neither •does the bill of exceptions direct the clerk to copy it. It is imperative that such a motion be preserved in [646]*646the bill of exceptions itself; or, if it appears in a different portion of the transcript, the bill of exceptions-must contain an order for the clerk to copy it. This-is in accordance with the plain provisions of the statute. R. S. 1889, sec. 2304. The cause will be stricken from the docket.

All the judges concur.

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Bluebook (online)

74 Mo. App. 644, 1898 Mo. App. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-standard-oil-co-moctapp-1898.

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