Bushyager ex rel. Bushyager v. Hammond Packing Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. L. J. Eastin, Judge. It is familiar law that one cannot appeal from a judgment to which he has given his consent, and consent is implied, if exception is not taken at the time in cases where the objection must be embodied in an exception. Critchfield v. Linville, 140 Mb. 191. A demurrer to evidence has not been made a matter of record for many generations.
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Appeal from Buchanan Circuit Court. — Eon. L. J. Eastin, Judge. It is familiar law that one cannot appeal from a judgment to which he has given his consent, and consent is implied, if exception is not taken at the time in cases where the objection must be embodied in an exception. Critchfield v. Linville, 140 Mb. 191. A demurrer to evidence has not been made a matter of record for many generations. Suydam v. Williamson, 20 How. 441. And the practice is to set forth the evidence in the form of an exception to the action of the court adjudging it insufficient to support the action. The…
1Opinion of the CourtJohnson, J.
Action by a servant against his master to recover damages for personal injuries alleged to have been caused by the negligence of the master. The answer is a general denial.
The record proper recites that “at the conclusion of all the evidence on the part of the plaintiff, comes now the plaintiff by his attorneys and takes a nonsuit with leave to move to set the same aside and the jury is now discharged from further consideration of this canse.” The bill of exceptions shows the following proceedings :
“Counsel for plaintiff: ‘The plaintiff rests, Your Honor.’
“Counsel for defendant: ‘We offer a…
2Cases cited8 opinions
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
- Layton v. RineySupreme Court of Missouri · 1862
- Hageman v. MorelandSupreme Court of Missouri · 1862
- Poe v. DominicSupreme Court of Missouri · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Segall v. GarlichsSupreme Court of Missouri · 1926
- Arnold v. Aetna Life InsuranceMissouri Court of Appeals · 1912
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- McFarland v. O'ReillySupreme Court of Missouri · 1925