149 Mo. App. 102 | Mo. Ct. App. | 1910
This is an action on promissory notes, tried in the circuit court of Shannon county, resulting in a judgment in fayor of the defendant. After taking
In the case just cited, the court said: “The grounds assigned for a new trial are: That the verdict of the jury is against the law. That the verdict of the jury is against the evidence. The verdict of the jury is against the law and the evidence. It is well settled that a motion for a new trial must so definitely set out the reasons therefor as to direct the attention of the trial court to the precise error of which complaint is made. The simple assertion that the verdict - of the jury is against the law do^s not indicate wherein it infringes upon the law. It is no ground for setting aside the verdict of the jury that it may be against the evidence. It is only in case there is no substantial evidence to support the verdict that this court will interfere.”
The only way matters of exception can be preserved for review in the appellate court is by setting them forth in the motion for new trial.
The abstract of the record in this case shows nothing but the pleadings. There is no judgment or order showing the filing, or overruling of a motion for new trial, contained therein. Immediately following the reply of the plaintiff, follows the evidence, and there is no statement that what is contained therein was preserved by the bill of exceptions, and there is nothing to show where the bill of exceptions begins or ends. [Reno v. Fitz Jarrell, 163 Mo. 411, 63 S. W. 808.]
For the reasons assigned, there is nothing for our consideration but the record proper, and as no error is found therein, the judgment will be affirmed. .