62 Mo. App. 57 | Mo. Ct. App. | 1895
Plaintiff seeks to charge the sole and separate estate of defendant, a femme covert, with $1,225, agreed to be paid in a building contract entered into by defendant with plaintiff and his copartner, who
Plaintiff insists that no matters of exception are brought up by this appeal on the ground that the bill of exceptions, does not show affirmatively that the motion for a new trial was filed within the statutory period. On this point the bill of exceptions shows only the following entry: “Defendant then filed motion for new trial as follows.”
It is the settled law of this state that the bill of exceptions must show affirmatively that the motion for new trial was filed within four days, excluding intervening Sundays, after the trial, in order to entitle appellant to a review of any matters of exception arising during the progress of the trial. Maloney v. Railroad, 122 Mo. loc. cit. 114.
It has been held by this court that the following recital in a bill of exceptions is not a compliance with the foregoing rule, to wit: “Thereupon after verdict the defendant filed the following motion for a new trial.” In so holding, a similar ruling made by the Kansas City Court of’ Appeals was adopted. Demske v. Hunter, 23 Mo. App. 466. The following language of that decision was quoted with approval: “ ‘Thereupon,’ in the connection here used, may mean immediately, or it may mean by reason of, or in consequence of; that is, by reason of the rendition of the verdict, or in consequence of it, the defendant at some time
We are thus restricted to an examination on this appeal of the record proper, as to which the only assignment of error relates to the power of a married woman to charge her separate estate by the written contract sued upon. That a married woman, owning separate estate, may charge the same by her general
Finding no error in the record proper, the judgment herein will be affirmed.