Taylor v. Switzer

Decided June 6, 1892

Supreme Court of Missouri · decided 1892-06-06

<p>Practice in Supreme Court. Where no exceptions were taken to-the action of the trial court in overruling a motion to set aside a non-suit, there is nothing but the record proper to review by the supreme court upon appeal.</p>

Relies on State ex rel. Dopkins v. Hitchcock · City of St. Joseph v. Ensworth · Wilson v. Haxby

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1892-06-06

How this case has been cited

Cited by 5 later decisions — most recently November 1910

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Brace, J.

¶1This is an action in ejectment for the recovery of a tract of land in Bates county.

¶2On the trial the court refused to permit a sheriff’s deed to the land in question to be read in evidence, on the defendant’s objection thereto. The plaintiffs thereupon took a nonsuit with leave, and in due time filed a motion to set the nonsuit aside, which motion, after-wards coming on to be heard, was overruled. Thereupon, without taking or saving any exceptions to the-ruling of the court on the motion, the' plaintiffs appealed. In which state of the record there being' nothing for this court to review, the judgment will be affirmed. City of St. Joseph v. Ensworth, 65 Mo. 628; Wilson v. Haxby, 76 Mo. 345; State ex rel. v. Hitchcock, 86 Mo. 231.

All concur.