J. H. Rothman Distilling Co. v. Kermis
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. There are no errors pointed out by motion for new trial, and no bill of exceptions; there were no such objections made in the trial court; and it is incompetent to raise them for the first time in this court. “No errors will be reviewed on appeal unless the attention of the trial court is called to such erroi’S by a motion for a new trial.” Railroad v. Carlisle, 94 Mo. 166; Hofheimer v. Lasen, 24 Mo.
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Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. There are no errors pointed out by motion for new trial, and no bill of exceptions; there were no such objections made in the trial court; and it is incompetent to raise them for the first time in this court. “No errors will be reviewed on appeal unless the attention of the trial court is called to such erroi’S by a motion for a new trial.” Railroad v. Carlisle, 94 Mo. 166; Hofheimer v. Lasen, 24 Mo. App. 652. The defenses were not made below, hence can not be urged here. “In order to perfect an appeal from a justice court, it…
1Opinion of the CourtBland, P. J.
Plaintiff on March 4, 1897, recovered a judgment against the defendants, other than Westbay, before a justice of the peace, from which they appealed to the Barry circuit court. The appeal bond was indorsed approved by the justice March 15, 1897. The bond is in the following form: “We, E.*C. Kermis as principal,'and * * ' * as surety acknowledge ourselves to owe and stand indebted to Rothman Distilling Company in the sum of one hundred and eighty-five dollars, to be void upon this condition:
“Whereas, E. O. Kermis has appealed from the judgment of Walt Williams, J. P., in an action between…
2Cases cited5 opinions
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Cranor v. ReardonMissouri Court of Appeals · 1890
- Bricker v. StoneMissouri Court of Appeals · 1892
- Erath & Flynn v. R. K. Allen & SonMissouri Court of Appeals · 1893
- Jester v. McKinneyMissouri Court of Appeals · 1891
3Cited by3 opinions
- State ex rel. Blair v. Garnett Mining Co.Missouri Court of Appeals · 1913
- Hill v. KellerMissouri Court of Appeals · 1911
- Clapper v. BradshawMissouri Court of Appeals · 1912