In re Spencer

61 Mo. 375

Opinion

Sherwood, Judge,

delivered the opinion of the court.

O. E. Spencer, the sheriff of Jasper county, was fined for contempt by the Lawrence circuit court, for refusing to serve a subpoena in a civil cause.

It is impossible for ns to notice the error assigned, as although the bill of exceptions recites that a judgment was rendered for the fine, yet the judgment does not appear iii the record. (Silvey vs. Summer, 51 Mo., 199; Dale vs. Copple, 53 Mo., 321.)

■The writ of error will therefore be dismissed.

All tlie other judges concur.