Castleman v. Harris
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Mon. T. B. Robinson, Judge. (1) A party objecting to the introduction of testimony must state the ground of his objection. Shelton v. Durham, 76 Mo. 434; Primm v. Eaboteau, 56 Mo. 407; Baier v. Berberich, 85 Mo. 50. And he will not be permitted to change his ground on appeal. Dickey v. Malechi, 6 Mo. 177, 186; Tooley v. Bacon, 70 N. T. 34; 1 Thompson on Trials, p. 560, sec. 693, and authorities cited. Garner v. State, 5 Lea.
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Appeal from the Cooper Circuit Court. — Mon. T. B. Robinson, Judge. (1) A party objecting to the introduction of testimony must state the ground of his objection. Shelton v. Durham, 76 Mo. 434; Primm v. Eaboteau, 56 Mo. 407; Baier v. Berberich, 85 Mo. 50. And he will not be permitted to change his ground on appeal. Dickey v. Malechi, 6 Mo. 177, 186; Tooley v. Bacon, 70 N. T. 34; 1 Thompson on Trials, p. 560, sec. 693, and authorities cited. Garner v. State, 5 Lea. (Tenn.), 213, 218; 1 Thompson on Trials, p. 643, sec. 843; E. S. 1899, secs. 602, 2043; Dobson v. Winner, 26 Mo. App. 329; Benham…
1Opinion of the CourtEllison, J.
This action is to recover the value of some corn sold by plaintiff’s sublessee to defendants. The trial court sustained a demurrer to the evidence and rendered judgment for defendants. The petition is in two counts. The first is under section 6384, Revised Statutes 1889, and *275is based on the allegation that defendants purchased the com from the subtenant with knowledge that it was grown on plaintiff’s “demised premises.”
The second count charges that plaintiff had pending a suit by attachment against his tenants for the rent due from them and that the corn in controversy was attached by the…
2Cases cited5 opinions
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Crawford v. ArmstrongMissouri Court of Appeals · 1894
- Dawson v. CoffeyMissouri Court of Appeals · 1892
- Houser v. AnderschMissouri Court of Appeals · 1895
- Springfield Milling Co. v. RameyMissouri Court of Appeals · 1894
3Cited by3 opinions
- Estate of Fields v. Estate of HendersonMissouri Court of Appeals · 1928
- Dubach v. DysartMissouri Court of Appeals · 1914
- First National Bank v. KibbleMissouri Court of Appeals · 1925