30 Mo. 113 | Mo. | 1860
delivered the opinion of the court.
This is a motion to affirm a judgment because the appellant failed to file in the office of the clerk of the supreme court, at least fifteen days before the term of such court to which the appeal is returnable, a perfect transcript of the record and proceedings in the cause.
The judgment was rendered in the court of common pleas
As all the proceedings of a court of record during the term at which they are had are in the breast of the court and may be modified or set aside, notwithstanding the time at which a motion for a new trial or in arrest of judgment may be made has elapsed, it is not regular to take a transcript of such judgment before the end of the term without leave of the court. We deem this a sufficient reason for not filing
the record. Motion denied.