Kampf v. St. Louis Transit Co.

102 Mo. App. 314 | Mo. Ct. App. | 1903

GOODE, J.

Appeal from order of circuit court granting new trial on ground of newly-discovered evidence.

No- error is assigned on the record proper, and the abstract of record fails to show a bill of exceptions was filed. There is a recital of its filing in the bill itself, but that is not enough, the Supreme Court has said. Western Storage & Warehouse Co. v. Glasner, 150 Mo. 426; Reno v. Fitz Jarrell, 163 Mo. 411.

The judgment is affirmed.

Bland, P. J., and Bey-burn, J., concur.