Legal Opinion

Naughton v. Stagg

Missouri Court of Appeals

Decided June 26, 1877PublishedCited by 6 opinions

Appeal from St. Louis Circuit Court. It was error, and an abuse1 of the discretion of the court, to limit counsel in the argument to thirty minutes. — The State v. Linney, 52 Mo. 42; Trice y. Hannibal & St. Joseph R. Go., 35 Mo. 216; The State v. Page, 21 Mo. 257, Scott dissenting, p. 260. Only those errors to> which the attention of the court below was called in the motion for new • trial will be reviewed by an appellate court. — Lancaster, Admr., etc., v. Washington Ins.

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Appeal from St. Louis Circuit Court. It was error, and an abuse1 of the discretion of the court, to limit counsel in the argument to thirty minutes. — The State v. Linney, 52 Mo. 42; Trice y. Hannibal & St. Joseph R. Go., 35 Mo. 216; The State v. Page, 21 Mo. 257, Scott dissenting, p. 260. Only those errors to> which the attention of the court below was called in the motion for new • trial will be reviewed by an appellate court. — Lancaster, Admr., etc., v. Washington Ins. Go., 62' Mo. 121; Vivion v. Lafayette Oounty, 13 Mo. 453. Instructions will not be reviewed when no exceptions aré taken…

1Opinion of the CourtBaKewell, J.

This is a suit on a mechanic’s lien. The first countin the *272petition is for work and material furnished on a building contract for the erection of a dwelling-house, and the second count is for extra work. For work under the contract, and changes made by agreement during the progress of the building, plaintiff demands a balance, said to be due, of $2,319.17 ; and under the second count, for extra work and materials, he asks judgment for $195. The answer admits the contract; denies that the lien was filed in time ; denies that defendant is bound by agreement to pay any thing for the changes.from…

2Cases cited2 opinions

  1. Squire v. WrightMissouri Court of Appeals · 1876
  2. Powers v. AllenSupreme Court of Missouri · 1851

3Cited by6 opinions

  1. Stevens v. City of MinneapolisSupreme Court of Minnesota · 1889
  2. Kelly v. RowaneMissouri Court of Appeals · 1889
  3. State v. Nevada Central RailroadNevada Supreme Court · 1905
  4. Levitt v. MillerMissouri Court of Appeals · 1895
  5. Crum v. EllistonMissouri Court of Appeals · 1889

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