150 Mo. 426 | Mo. | 1899
This is an interpleader between Glasner and others, holders of two mortgages on ninety-five
The volume does not contain the record proper or a single record entry or averment or statement of what the record proper shows, except a statement of the filing of the suit, the change of venue and the pleadings and decree. The bill of exceptions contains a statement that the judgment was rendered and the motion for a new trial was overruled at the February term, 1897, and an appeal granted to this court on the same day, and that the defendants were given till the third day of the June term, 1897, to file their bill of exceptions, and that the bill was filed on the 7th of June, 1897, but there is a total absence of any record entry showing any such state of facts; and the recitals in the bill of exceptions to this effect can not take the place of or supply the record proper. [Walser v.
If .this volume is what it asserts itself to be, a “complete record,” then the record proper does not show that time was granted by the court to file a bill of exceptions after the lapse of the term at which the judgment was rendered, or that any bill of exceptions was ever filed. But whether this is so or not there is nothing before us to show that such was the case, and hence the appeal must be dismissed for failure to comply with the statute and with the rules of this court. It is so ordered.