Phoenix Stone & Lime Co. v. Huggins

Missouri Court of Appeals
Phoenix Stone & Lime Co. v. Huggins, 136 Mo. App. 209 (1909)
116 S.W. 458; 1909 Mo. App. LEXIS 27
Ellison

Phoenix Stone & Lime Co. v. Huggins

Opinion of the Court

ELLISON, J.

This action is on an account for cut stone furnished defendant at his instance and request. The judgment in the trial court was for the plaintiff.

*210The abstract of the record presented here does not show by the record proper that any motion for new trial was filed, or that there was a bill of exceptions filed. The bill of exceptions shows those things, but it has been ruled a great number of times that they must be shown by the record proper.

Defendant presented at the hearing a paper denominated a supplemental abstract. This was done without consent and cannot be noticed. [Thompson v. Ruddick, 213 Mo. 561, 111 S. W. 1131; Olay v. Pub. Co., 200 Mo. 665; Stark v. Zehnder, 204 Mo. 442; Stark v. Martin, 126 Mo. App. 575; Harding v. Bedoll, 202 Mo. 630; Pennowfsky y. Coerver, 205 Mo. 135; City of Macon v. Jaeger, 133 Mo. App. 643, 113 S. W. 1138; Gray v. Railway (decided this term).]

There being no error in the record proper, the judgment is affirmed.

All concur.

Reference

Full Case Name
PHOENIX STONE & LIME COMPANY v. GEORGE W. HUGGINS
Cited By
1 case
Status
Published