Fine v. Rogers
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. This was an action, Instituted under the New Code, November l?tli, 18-49 The [daiutiff, Fine, seta forth in substance that on the 13th day of February, 1849, a contract was made between him and William Atkinson, whereby he was to serve as pilot and on particular occasions as captian of the steamboat Sacramento in the Missouri river trade, from the 12th day of March, 1849, to the first day of November 1849,…
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APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. This was an action, Instituted under the New Code, November l?tli, 18-49 The [daiutiff, Fine, seta forth in substance that on the 13th day of February, 1849, a contract was made between him and William Atkinson, whereby he was to serve as pilot and on particular occasions as captian of the steamboat Sacramento in the Missouri river trade, from the 12th day of March, 1849, to the first day of November 1849, at the wages of §200 per month and that if the boat should be lost, the contract to cease, and if she should be engaged…
1Opinion of the CourtGamble, J.
Before proceeding to examine the instructions in this cas;e, it is necessary to dispose of a preliminary question.
The point is made that because the giving and refusing instructions was not made a ground for the motion for a new trial, this court, in accordance with,former decisions, will not examine into the correctness of the action of the court below, either in giving the instructions asked by the plaintiff or in refusing that asked by the defendant.
It has been the practice of this court, to regard errors of the circuit courts in the decisions made during the progress of a trial, as waived…
2Cited by10 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Johns v. JaycoxWashington Supreme Court · 1912
- Leahey v. DugdaleSupreme Court of Missouri · 1867
- Wagner v. JacobySupreme Court of Missouri · 1858
- Creamery Package Manufacturing Co. v. Sharples Co.Missouri Court of Appeals · 1903
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