State ex rel. Crawl v. Furguson
Supreme Court of Missouri
APPEAL from Camden Circuit Court. POINTS AND AUTHORITIES. 1. The appellees insist that as the bill of exceptions shows there was other evidence given on the trial besides that incorporated in the bill of exceptions, the judgment will not be reversed. 2. That the appellant was not entitled to recover upon the evidence preserved in the bill of exceptions. 3. That this court will not reverse a judgment because an erroneous instruction was given, unless the party shows by his…
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APPEAL from Camden Circuit Court. POINTS AND AUTHORITIES. 1. The appellees insist that as the bill of exceptions shows there was other evidence given on the trial besides that incorporated in the bill of exceptions, the judgment will not be reversed. 2. That the appellant was not entitled to recover upon the evidence preserved in the bill of exceptions. 3. That this court will not reverse a judgment because an erroneous instruction was given, unless the party shows by his bill of exceptions, that he is entitled to recover. Newman vs. Lawless, 6 Mo. Rep. 279; Finney et al vs. Allen, 7 Mo. Rep.…
1Opinion of the CourtMcBmde, J.
This was an action of debt brought by the plaintiff, against the defendants, on a constable’s bond, to the March Term, 1844, of Camden circuit court. The defendants filed a plea of non estfactum., and gave notice of special matter. Issue was joined on the plea, and at the March term, 1845, the parties went to trial.
The bill of exceptions shows that on the trial, the plaintiff read in •evidence the bond of the constable, dated the 19th Aug. 1840. The defendant then introduced evidence conducing to prove, that more than two years prior to the commencement of this action, he had resigned his…
2Cited by1 opinion
- McWaters v. StateSupreme Court of Missouri · 1846