Bohn v. Lucks
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. The law allows but one bill of exceptions, which must be made up at the conclusion of the trial,' and all exceptions taken at previous terms of the court and preserved by term bill must be embraced in such final bill, otherwise they are regarded as waived. The statute is mandatory. Dougherty v. Whitehead, 31 Mo. 257; Pearce v; Shoe Co., 103 Mo. App. 662; Pendrich v. Lloyd, 129 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. The law allows but one bill of exceptions, which must be made up at the conclusion of the trial,' and all exceptions taken at previous terms of the court and preserved by term bill must be embraced in such final bill, otherwise they are regarded as waived. The statute is mandatory. Dougherty v. Whitehead, 31 Mo. 257; Pearce v; Shoe Co., 103 Mo. App. 662; Pendrich v. Lloyd, 129 Mo. App. 457. The exceptions must all be embodied in a bill filed after final judgment. Smith v. Baer, 166 Mo. 401; Atchison v. Railroad, 94 Mo. App.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on account of a breach of contract. The finding and judgment were for plaintiff and defendant prosecutes the appeal.
The question for consideration relates to our right to review the subject-matter in the absence of a motion for new trial, made after final judgment, and bill of exceptions. The only error assigned here pertains to the action of the trial court in declining to set aside a default theretofore entered during the same term against defendant. An exception was duly preserved to the ruling of the court, in refusing to set the default aside, by a term…
2Cases cited7 opinions
- Howard v. StrodeMissouri Court of Appeals · 1907
- Smith v. BaerSupreme Court of Missouri · 1902
- State v. LarewSupreme Court of Missouri · 1905
- De Pedrorena v. HotchkissCalifornia Supreme Court · 1892
- Dougherty v. WhiteheadSupreme Court of Missouri · 1860
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3Cited by4 opinions
- Flach v. BallMissouri Court of Appeals · 1922
- State of Mo. v. FarrarMissouri Court of Appeals · 1921
- William R. Bush Construction Co. v. WithnellMissouri Court of Appeals · 1915
- Knight v. Sutherland and MitchellMissouri Court of Appeals · 1932