Piercifield v. Snyder
Supreme Court of Missouri
APPEAL from Cape Girardeau Circuit Court, 1. The bill of exceptions does not show that appellants ever excepted to the decision of the court on any question of law arising upon the trial of the case, 2. The bill of exceptions shows that the evidence in the case was produced to the court sitting as a jury, and in that capacity it devolved upon the court to pass upon the effect to which the evidence was entitled.
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APPEAL from Cape Girardeau Circuit Court, 1. The bill of exceptions does not show that appellants ever excepted to the decision of the court on any question of law arising upon the trial of the case, 2. The bill of exceptions shows that the evidence in the case was produced to the court sitting as a jury, and in that capacity it devolved upon the court to pass upon the effect to which the evidence was entitled. It also appears that “the defendant prayed the opinion of the court” (sitting in this capacity) “if there was sufficient testimony to prove a delivery, &c.” Thus the effect and weight…
1Opinion of the CourtBirch, J.
This action was trover, for certain slaves, and was submitted to the court without a jury. The testimony was conflicting, as well respecting the delivery of the negroes to the plaintiffs’ wives by their father, and other facts in the case, as in reference to the credibility of the material witness for the plaintiffs. A portion of it had relation to an unrecorded deed of the gift, alleged to have been made by the father to his said daughters, but taken back and destroyed by him before they were 'either married or of age. The bill of exceptions then shows that after the conclusion of the…
2Cited by1 opinion
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