Collins v. Saunders
Supreme Court of Missouri
Jlppeal from Fourth District Court. There was no motion made in the Circuit Court for a new trial, or in arrest of judgment, and where this is the case this court has repeatedly held that it will not review the proceedings of the court below. (Morgner v. Kister, 42 Mo. 466; Banks v. Lades, 39 Mo. 406; Bishop v. Ransom, 39 Mo. 416-17 ; Long v. Towle, 41 Mo. 398; Richmond’s Adm’r v. Pogue, 36 Mo. 313; State v. Marshall, 36 Mo. 400.)
1Opinion of the Court
CüRRiER, Judge,
delivered the opinion of the court.
The plaintiff brings this cause here by appeal, first from the Circuit Court and then from the District Court, but without having filed in the trial court any motion in arrest or for a new trial. This court is therefore limited in its range of investigation to questions arising upon the face of the record proper ; that is, it will not consider questions which are alone presented by the bill of exceptions. The point of practice thus stated was care*390fully considered in State v. Marshall, 36 Mo. 400, and the rule as given above was declared to…
2Cases cited2 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Bateson v. ClarkSupreme Court of Missouri · 1865
3Cited by7 opinions
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
- State ex rel. Walker v. HurlstoneSupreme Court of Missouri · 1887
- State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
- State ex rel. Tygard v. ElliottMissouri Court of Appeals · 1900
- Bosley v. CookMissouri Court of Appeals · 1900
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