Ferguson v. Baker
Missouri Court of Appeals
Appeal from St. Lonis County Circuit Court. — Hon. John W. McElhinney, Judge. The record does not show that any exceptions' were taken or saved to the action of the court in sustaining the motion for a new trial, from which this appeal; is taken. Reed et al. v. Moss et al., 167 S. W. 523.
1Opinion
ON MOTION FOR REHEARING.
ALLEN, J.
Learned counsel for appellant fear that we have overlooked the argument advanced in their reply brief in support of the contention that *621it is not essential that the record show the saving of an exception where a motion for a new trial is sustained. We did not overlook this argument, but regarded it as without force. An exception to the action of the court upon a motion for new trial, whatever such ruling may he, must he contained in the hill of exceptions in order to preserve the matter for review in the appellate court, under our practice. Such, in effect, is…
2Cases cited2 opinions
- Thaler v. NiedermeyerMissouri Court of Appeals · 1914
- Thaler v. NiedermeyerMissouri Court of Appeals · 1914