Pogue v. State ex rel. Harbin
Supreme Court of Missouri
APPEAL PROM BARRY CIRCUIT COURT. The court must affirm the judgment of the Circuit Court, because there was no motion for a new trial filed, to enable the Circuit Court to correct the errors committed and complained of, if any. Eloersh v. Bank of Mo. 10 Mo. R. 515 ; Rhodes v. White, 11 Mo. R. 623 ; 11 Mo. R. 358, "Watson v. Pierce.
1Opinion of the CourtHyland, J.
In looking into the record and proceedings in this case, as well as into the hill of exceptions, I find no motion made for a new trial — no exceptions taken to any instructions given or refused by the court below. I find from the record, a motion was made by defendant to rule the plaintiff to give bond and security for the costs of this suit. This was overruled. The defendant then moved to quash the writ, because its recitals were in the present instead of the past tense ; also, because the sheriff had not properly served the same on the defendant. This' motion was overruled, and the…
2Cited by4 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Griffith v. HanksSupreme Court of Missouri · 1886
- United States v. TrabingWyoming Supreme Court · 1885