124 Mo. App. 596 | Mo. Ct. App. | 1907
In this case the abstract of record is quite insufficient and counsel for respondent insist upon their right to have the same soadjudged. In view of their motion directing the attention of the court thereto and the insistence thereon, it becomes our duty to ascertain and determine what matters are presented and what matters are open for consideration on the appeal. As the record now stands, we ascertain therefrom that the suit is in equity for injunctive relief, which was decreed to the plaintiff in the court below and the defendants appeal by means of the short form provided for in section 813 of our statutes; i. e., no full transcript is on file here. The defendants have filed a printed volume, designated “Appellant’s abstract in lieu of a complete
The cause seems to be important. This fact suggests that as ample remedy and time remain for review on writ of error it may find its way into this court again, wherefore we may be pardoned in suggesting to the learned counsel that inasmuch as the case is of equitable cognizance, although 'much deference is due and always accorded the finding of facts made by the learned trial judge, this court is not precluded thereby as is the rule with respect to cases at law. It is therefore important to bring and exhibit here the entire evidence to this end, otherwise the facts wall 'not be reviewed, and the usual presumptions will be-indulged in support of the decree. [See McKinney v. Northcutt, 114 Mo. App. 146, 89 S. W. 351.] The abstracts now7 on file purport to present only portions of the proof.
For the reason the abstract of record fails to show, by recital or otherwise, the filing and overruling of motions for new trial and in arrest of judgment in the court below, the appeal is dismissed. It is so ordered.