Harris v. Kobusch

Missouri Court of Appeals

Harris v. Kobusch

105 S.W. 659, 127 Mo. App. 441, 1907 Mo. App. LEXIS 518

CourtMissouri Court of Appeals

DecidedNovember 18, 1907

StatusPublished

Cited by1 cases

This text of 105 S.W. 659 (Harris v. Kobusch) 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

Harris v. Kobusch, 105 S.W. 659, 127 Mo. App. 441, 1907 Mo. App. LEXIS 518 (Mo. Ct. App. 1907).

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Opinion

GOODE, J.

Inasmuch as the record in this case fails to show the filing of a motion for new trial, or the filing of a bill of exceptions, the exceptions on which the plaintiff in error relies cannot be reviewed. It is true the filing of the motion for new trial and the [442]*442filing of the bill of exceptions are recited in the bill itself, but this has been repeatedly held to be insufficient. These facts must appear in the record proper. No error has been .found in'the record proper; indeed none of that character has been assigned; therefore the judgment will have to be affirmed. It is so ordered.

All concur.

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GOODE, J.

Inasmuch as the record in this case fails to show the filing of a motion for new trial, or the filing of a bill of exceptions, the exceptions on which the plaintiff in error relies cannot be reviewed. It is true the filing of the motion for new trial and the [442]*442filing of the bill of exceptions are recited in the bill itself, but this has been repeatedly held to be insufficient. These facts must appear in the record proper. No error has been .found in'the record proper; indeed none of that character has been assigned; therefore the judgment will have to be affirmed. It is so ordered.

All concur.

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Bluebook (online)

105 S.W. 659, 127 Mo. App. 441, 1907 Mo. App. LEXIS 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-kobusch-moctapp-1907.

Opinion

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