Putnam v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from -Livingston Circuit Court, Hon. James M. Dayis, Judge. Statement of case by the court. This was an action under section 809, Bevised Statutes, for double damages on account of the killing of certain hogs, the property of plaintiff. The action was begun before a justice of the peace. Prom a judgment there rendered against it the defendant appealed to the circuit court. The case was tried by the circuit court ■sitting as a jury.
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Appeal from -Livingston Circuit Court, Hon. James M. Dayis, Judge. Statement of case by the court. This was an action under section 809, Bevised Statutes, for double damages on account of the killing of certain hogs, the property of plaintiff. The action was begun before a justice of the peace. Prom a judgment there rendered against it the defendant appealed to the circuit court. The case was tried by the circuit court ■sitting as a jury. Judgment was again rendered against the defendant. The bill of exceptions contains the following stat © inent as to the evidence: “ The plaintiff offered…
1Opinion of the CourtHall, J.
The defendant contends that there was a failure of proof as to certain facts, essential to the plaintiff ’ s right to a recovery. But is the defendant in a position to make such objection in this court ? He clearly is hot unless he called the attention of the trial court to such objection by the motion for a new trial. Blakely v. Railroad Co., 79 Mo. 389; Fox v. Young, ante, p. 386.
The motion for a new trial set out several grounds or reasons, not one of which can be held to include the objection that there was a failure of proof, unless, indeed, it be the fourth of such grounds or reasons.…
2Cases cited2 opinions
- Bollinger v. CarrierSupreme Court of Missouri · 1883
- Blakely v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by5 opinions
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- Price Baking Powder Co. v. Calumet Baking Powder Co.Missouri Court of Appeals · 1899
- Stone v. Wolfskill Bros.Missouri Court of Appeals · 1894