Crocker v. Grayson
Crocker v. Grayson
Opinion of the Court
Plaintiff recovered in the circuit court and defendant appeals. On the 7th day of August, 1906, during the term, the court granted defendant ninety days from that date in which to prepare and file his bill of exceptions. No further extension of time was thereafter given either by the court or the judge in vacation. The bill of exceptions was filed, as appears by the record, on the 6th day of November, 1906. Plaintiff now moves that the judgment be affirmed for the reason the bill was filed out of time. Our statute (sec. 4160, R. S. 1899, Mo. Ann. St. 1906, sec. 4160) provides that
For the reasons stated, we are not permitted to review those assignments of error predicated upon matters of exception contained.in the bill. In such circumstances, we are permitted only to review the record proper for error. [State v. Seaton, 106 Mo. 198.] Although there are neither assignments of error nor arguments directed against the sufficiency of the record, we have carefully looked through the same for error. None appears, however. The pleadings are sufficient to support the judgment and the proceedings appear to have been regular. The judgment will therefore be affirmed. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.