State ex rel. Morris v. Fields
State ex rel. Morris v. Fields
Opinion of the Court
This suit was brought by plaintiff Morris on a bond given by defendant Fields as receiver of a milling company. It seems that after the debts of the milling company, were all paid the receiver had a surplus in his hands and which the court ordered said receiver to pay the stockholders of the milling corporation, $45 to the share. Morris claimed to own sixteen shares which had formerly belonged to certain other stockholders, but on these the receiver declined to pay the dividend because said shares were claimed by respondent
I. In view of the condition of the appellant’s abstract, it will be impossible to dispose of the merits of this appeal. The appellant has failed to furnish the abstract required by rule 15 of this court. Enforcing then rule 18 the appeal must be dismissed.
We have been asked to review the entire evidence introduced in the lower court and yet only a fractional part of that evidence is included in the so-called abstract — the appellant referring us to the transcript where it is said we will find it all complete. It has been repeatedly declared by this and the supreme court that we will not go beyond the printed abstract to learn what was the evidence or proceedings at the trial. If it is sought to have the appellate courts of this state examine the evidence, the rules and decisions of all the courts require that it be printed in the abstract. Craig v. Scudder, 98 Mo. 664; Brand v. Cannon, 118 Mo. 595; Halstead v. Stone, 147 Mo. 649; Trimble v. Wollman, 62 Mo. App. 541; Bowlin v. Creel, 63 Mo. App. 229; Finkelnburg App. Prac. 103, and numerous other cases there cited.
II. Again, complaint is made as to the court’s rulings on instructions, and yet the abstract fails to show that any in-, structions were given or refused, or that! any exceptions were saved to the court’s action in that respect. It is true that the abstract includes a motion for new trial wherein it is complained, that “'the verdict and finding of the court is against
The appeal then must be dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.