Kampf v. St. Louis Transit Co.

GOODE, J. Appeal from order of circuit court granting new trial on ground of newly-discovered evidence. [315] No- error is assigned on the record proper, and the abstract of record fails to show a bill of exceptions was filed. There is a recital of its filing in the bill itself, but that is not enough, the Supreme Court has said. Western Storage & Warehouse Co. v. Glasner, 150 Mo. 426; Reno v. Fitz Jarrell, 163 Mo. 411. The judgment is affirmed. Bland, P. J., and Bey-burn, J., concur.