J. B. Sickles Saddlery Co. v. Bullock
Missouri Court of Appeals
Error to tbe Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) Ever since tbe revision of 1889, tbe instructions given by the court and returned by tbe jury with their verdict are as statute made a part of tbe record in every case. R. S. 1899, sec. 748. (2) Tbe verdict is erroneous and defective in that it fails to make an affirmative finding on defendant’s counterclaim. R. S. 1899, sec. 726; Hitchcock v. Baughan, 44 Mo.
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Error to tbe Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) Ever since tbe revision of 1889, tbe instructions given by the court and returned by tbe jury with their verdict are as statute made a part of tbe record in every case. R. S. 1899, sec. 748. (2) Tbe verdict is erroneous and defective in that it fails to make an affirmative finding on defendant’s counterclaim. R. S. 1899, sec. 726; Hitchcock v. Baughan, 44 Mo. App. 42. Tbe appellate court will reverse a cause for material error apparent on tbe face of tbe record, although no motion in arrest or for review is made in circuit…
1Opinion of the CourtSmith, P. J.
The principal error complained of in this case arose in the progress of the trial in the giving of an instruction requested by the plaintiff. It is conceded that that there was no bill of exceptions filed preserving any exception taken to the action of the court in the giving of the defendant’s instruction nor in overruling the motion for a new trial; or, indeed, as to any ruling made by the court during the progress of the trial. Tt has long been the well-eStablished rule that the appellate courts will not review instructions unless exceptions to the action of the trial court in either…
2Cases cited8 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Ring v. Chas. Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- Henderson v. DavisMissouri Court of Appeals · 1898
- Hitchcock v. BaughanMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nowell v. ModeMissouri Court of Appeals · 1908
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
- Lindsey v. NagelMissouri Court of Appeals · 1911
- Dunlevy v. WolfermanMissouri Court of Appeals · 1904
- Cosgrove v. StangeMissouri Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.