Mitchell v. Robertson
Missouri Court of Appeals
Appeal from Cooper Circuit Court . — Eon. Samuel Davis, Acting Judge. Submitted brief on merits. 1 (1) The'bill of exceptions fails to show any “protest or objection” on the part of the plaintiff’s attorneys to the use of the language of which they now complain, or that any such language was used. (2) The bill of exceptions does not show that the defendant’s instruction numbered 2, was objected to by plaintiff, or that he saved any exceptions thereto.
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Appeal from Cooper Circuit Court . — Eon. Samuel Davis, Acting Judge. Submitted brief on merits. 1 (1) The'bill of exceptions fails to show any “protest or objection” on the part of the plaintiff’s attorneys to the use of the language of which they now complain, or that any such language was used. (2) The bill of exceptions does not show that the defendant’s instruction numbered 2, was objected to by plaintiff, or that he saved any exceptions thereto. He is too late now to complain.
1Opinion of the CourtEllison, J.
The plaintiff instituted this action by filing a statement before a justice of the peace, wherein he claimed damages for breach of warranty, that two mules sold to him by defendants were “sound and of good Avind.” The breach alleged was that the mules were not of good wind. The plaintiff recovered judgment in the justice’s court, but on appeal to the circuit court the defendants prevailed and plaintiff has brought the case here. The only matters complained of in plaintiff’s brief relate to the instructions and remarks of defendants’ counsel in the course of his argument to the jury. The…
2Cases cited2 opinions
- State v. FosterSupreme Court of Missouri · 1893
- State v. WhalenSupreme Court of Missouri · 1895
3Cited by2 opinions
- Carlton v. MonroeMissouri Court of Appeals · 1909
- Huggins v. JasperMissouri Court of Appeals · 1908