Mahan v. School District No. 1
Missouri Court of Appeals
Appeal from the Laclede Circuit Court, Hon. W. I. Wallace, Judge. The objection in substance is, that there is a failure of proof to support the finding which, if an error, could only be preserved by motion for new trial, of which there is none in this case. Putnam *. Railroad, 22 Mo. App. 589 ; Blakely v. Railroad, 79 Mo. 388. The appellate court is precluded from an examination of errors arising at the trial of this case; there is no motion for new trial.
Read the full summary
Appeal from the Laclede Circuit Court, Hon. W. I. Wallace, Judge. The objection in substance is, that there is a failure of proof to support the finding which, if an error, could only be preserved by motion for new trial, of which there is none in this case. Putnam *. Railroad, 22 Mo. App. 589 ; Blakely v. Railroad, 79 Mo. 388. The appellate court is precluded from an examination of errors arising at the trial of this case; there is no motion for new trial. The motion in arrest cannot be taken as a substitute for amotion for new trial. White, ExW, v. Caldwell, 17 Mo. App. 691.
1Opinion of the Court
f Romraubr, J.,
delivered the opinion of the court.
This cause was tried by the court without the intervention of a jury, partly upon an alleged statement of facts and partly on evidence adduced by plaintiff. The trial resulted in a judgment for plaintiff.
The defendant, appealing, assigns for error, that the agreed statement of facts and evidence adduced by *270plaintiff, were not sufficient to warrant the judgment rendered. This exception is not properly before us, as no motion for new trial was ever filed in the case.
The defendant did, in due time, file a motion in arrest of judgment, which is,…
2Cases cited7 opinions
- Gilstrap v. FeltsSupreme Court of Missouri · 1872
- Burdsal v. DaviesSupreme Court of Missouri · 1874
- Blakely v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- McComas v. StateSupreme Court of Missouri · 1847
- White v. CaldwellMissouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bauer Grocery Co. v. Sanders & HenrichMissouri Court of Appeals · 1898
- Horstmeyer v. ConnorsMissouri Court of Appeals · 1894