67 Mo. 394 | Mo. | 1878
This was an action in the Cole circuit court lor the recovery of money paid by the relator to the defendant, Opel, as collector of the city of Jefferson, on an alleged illegal assessment of relator’s property for taxes.
Plaintiff obtained a judgment, from which defendant has appealed. Neither the motion to strike out parts of the defendant’s answer, the motion for a new trial, nor the motion in arrest of judgment is incorporated in the bill of exceptions, and it has been uniformly held, that, unless incorporated in the bill of exceptions, neither instructions nor motions can be noticed by this court, although they may be set out in the record.
“A clerk cannot make anything a record which he pleases to write in the order book or sees fit to copy into a record.” Nothing but the record proper is a part of the record, until made so by being copied into the bill of exceptions. A mere reference to motions and instructions in the bill of exceptions by citing the page on which they appear, on what the clerk pleases to certify as the record, will not suffice. They must be copied in full. U. S. v.
Judgment affirmed.
' Affirmed.