Comer v. Statham
Supreme Court of Missouri
Appeal from Ray Circuit Court. — How. E. J. Broaddus, Judge. (1) The record neither shows specific objections, nor exceptions to any ruling on the trial below; this, is particularly essential as to record testimony; objections without exceptions are insufficient. The admission of evidence “subject to all legal objections,” where the record fails to show any subsequent ruling thereon or exceptions thereto, presents no question. for the appellate court to review.
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Appeal from Ray Circuit Court. — How. E. J. Broaddus, Judge. (1) The record neither shows specific objections, nor exceptions to any ruling on the trial below; this, is particularly essential as to record testimony; objections without exceptions are insufficient. The admission of evidence “subject to all legal objections,” where the record fails to show any subsequent ruling thereon or exceptions thereto, presents no question. for the appellate court to review. Buckley v. Knapp, 68 Mo. 164; Margrave v. Aúsmuss, 51 Mo. 568; State ■ v. Dusenberry, 112 Mo. 283; Bray v. Kremp,- 113 Mo. 554;…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover possession of the northwest quarter of the southeast quarter of section 36, township 54, range 26, in Bay county.
The petition is in common form. The answer admits possession, denies the other allegations of the petition, and pleads the statute of limitations; issue was joined by reply. The case was tried before the court without a jury. Finding and judgment for the plaintiff, and defendants appeal. Since the appeal Charles Statham.has died, leaving the other defendant, Esther A. Statham, his wife, the sole appellant-in the case.
The bill of exceptions…
2Cases cited11 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Allen v. MansfieldSupreme Court of Missouri · 1884
- Adair v. MetteSupreme Court of Missouri · 1900
- Hannibal & St. Joseph Railroad v. MooreSupreme Court of Missouri · 1866
- Woodburn v. CogdalSupreme Court of Missouri · 1866
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3Cited by3 opinions
- Allen v. LabsapSupreme Court of Missouri · 1905
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- Colonial Trust Co. v. McMillanSupreme Court of Missouri · 1905