
    In Matter of C. E. Spencer, Ex parte.
    1. Practice, Supreme Court— Writ of error — Judgment not of record. — Although the bill of exceptions recites that a judgment was rendered, if the same does not appear of record, a writ of error will be dismissed.
    
      Error to Lawrence County Circuit Court.
    
    
      Norman Gibbs, for Spencer
   Sherwood, Judge,

delivered the opinion of the court.

O. E. Spencer, the sheriff of Jasper county, was fined for contempt by the Lawrence circuit court, for refusing to serve a subpoena in a civil cause.

It is impossible for ns to notice the error assigned, as although the bill of exceptions recites that a judgment was rendered for the fine, yet the judgment does not appear iii the record. (Silvey vs. Summer, 51 Mo., 199; Dale vs. Copple, 53 Mo., 321.)

■The writ of error will therefore be dismissed.

All tlie other judges concur.  