Parkey v. Reese
Parkey v. Reese
Opinion of the Court
This appeal must be somewhat summarily disposed of on respondent’s motion to dismiss the same for failure to comply with the rule of this court requiring printed abstracts to he filed. A complete typewritten transcript has been filed in this court, and on that account, appellants seem to have concluded that a printed abstract is not required, for in what purports to be their printed “abstract of the record” they state that “having sent up a full and complete transcript in this case, it is only necessary to refer to the salient features of the record.” The contents of the petition, answer and reply are then stated in narrative
The statement in the printed abstract “Bill of exceptions filed June 19, 1909,” is not sufficient. There is nothing to show that the bill of exceptions was signed by the judge or that it was filed by the proper order of court duly entered of record, and it does not show whether it was filed in term time or in vacation. See Webster v. Berry (decided at this term); Clay v. Union Wholesale Pub Co., 200 Mo. l. c. 673, 98 S. W. 677; Harris v. Wilson, 199 Mo. 412, 97 S. W. 591; Everett v. Butler, 192 Mo. 564, 91 S. W. 890; Novinger v. Quincy, O. & K. C. R. Co., 131 Mo. App. 337, 111 S. W. 515.
It is impossible for appellate courts to determine cases satisfactorily unless there is a compliance with the rules. The motion to dismiss the appeal is sustained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.