Gower v. Lamb

FRANKLIN. FERRISS, Special Judge.

The trial court sustained defendant’s motion for judgment on an agreed stipulation of facts, and plaintiff appealed. The parties apparently regarded the hearing on defendant’s motion as the trial of the case, as plaintiff’s first point on appeal refers to the case as “tried pursuant to Revised Statutes of Missouri, 1949,' Section 510.310 [V.A.M.S.],” -which section deals with procedure in cases tried upon facts without a jury. Plaintiff, however, filed no after-trial motion, and appellate review is therefore limited in accordance with Supreme Court Rule 3.23.…