78 Mo. 468 | Mo. | 1883
It is impossible for us to consider the merits of this case, the appeal not having been perfected within the time required by law. There was a trial by jury and a verdict for the defendants at the December term, 1877, of the Knox county circuit court. At the same term and within four days the plaintiff’ filed a motion in arrest of judgment. These motions were by consent of parties continued to the June term, 1878, at which term they were overruled on the 7th day of June, 1878. At the time they were overruled the plaintiff, with the consent of defendants,
These agreements and orders are insufficient in law to bring the case here by appeal for two reasons: 1st, An appeal must be perfected at the same term at which the court disposes of the motions for new trial and in arrest. The right of appeal depends upon the statutes, and they do not authorize an appeal at a subsequent term. It has been held that by agreement of parties and order of court a bill of exceptions can be filed in vacation, but no agreement or order will authorize an appeal to be granted at a subsequent term. 2nd, The agreement and order of extension of time for appeal, which were entered at the term at which the motions for new trial and in arrest were disposed of, were not complied with. The present appeal was allowed in compliance with an agreement and order entered three terms after the court had ceased to have any jurisdiction of the case.
