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Rotchford v. Creamer

Rotchford v. Creamer, 65 Mo. 48 (1877)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
April 15, 1877
Judges
Sherwood
Citations
65 Mo. 48
Headnotes
1. Practice in Supreme Court: bill or exceptions: motion ros new trial. The supreme court will not examine into the merits of a case where no motion for new trial is incorporated in the bill of exceptions, though the bill shows that such a motion was made and was overruled. 2. Exceptions to referee’s report must appear in bill of exceptions. Where exceptions to a report of a referee are relied on for reversal of a judgment, they must either be incorporated in the bill of exceptions, or so referred so as to identify them.
Summary
Appeal from St. Louis Circuit Court.—IIon. Geo. A. Madill, ■ Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sherwood

Text extracted by OCR from a scanned original; check the original for exact wording.

Sherwood, C. J.

1. practice in supreme nousfmotion0fforXne?v tnaL

I. This proceeding had for its object the settling and adjustment of the affairs of a co-partnership. By consent of parties the matters of difference were,by order of the court, submitted to a referee, who took testimony and made his report, which (with the exception of one modification which the court made of its own motion) was confirmed and judgment' rendered for plaintiff, and this judgment the court in general term affirmed. We are precluded from any examination into the merits of the cause, because the motion for a new trial is not incorporated in the bill of exceptions. It is true that bill mentions the fact that the motion for a new trial was overruled; but what that motion was, or that it is even contained in the transcript, is not stated. Under all our previous rulings this defect is fatal.

2. exceptions to referee’s bill op exceptions.

II. In addition to that, the exceptions to the report of the referee, whereon the defendant relies for a reversal, are not incorporated in the bill of exceptions, nor so reierred to m such bill as to designate and identify them. These reasons require an affirmance of the judgment.

All concur.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1886–1887: 11888–1889: 21900–1901: 21910–1911: 21912–1913: 118862026peak 1888 · 2

Relies on it most ⓘ

  1. McNeil v. Home Insurance30 Mo. App. 306 (1888)
  2. Coy v. Landers125 S.W. 789 (Mo. Ct. App. 1910)
  3. Campbell v. Boyers145 S.W. 807 (Mo. 1912)
  4. Hubbard v. Quisenberry32 Mo. App. 459 (1888)
  5. State ex rel. Tygard v. Elliott82 Mo. App. 458 (1900)
  6. Bosley v. Cook85 Mo. App. 422 (1900)

Most recent

  1. Campbell v. Boyers145 S.W. 807 (Mo. 1912)
  2. Mackley v. St. Louis Smelting & Refining Co.139 S.W. 140 (Mo. 1911)
  3. Coy v. Landers125 S.W. 789 (Mo. Ct. App. 1910)
  4. Bosley v. Cook85 Mo. App. 422 (1900)
  5. State ex rel. Tygard v. Elliott82 Mo. App. 458 (1900)
  6. Hubbard v. Quisenberry32 Mo. App. 459 (1888)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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