¶1It is unnecessary to further state the nature or condition of this ease, than that as the counsel for the appellee has made the point so often passed upon by this court, its judgment must be rendered accordingly. Our jurisdiction of the case being appellate (purely), we are of course unauthorized to consider anything as a ground for reviewing a proceeding or a judgment here, which was not brought properly to the notice, and hence not finally passed upon by the court below, either in the motion for a new trial, if the alleged errors have relation to proceedings during the trial, or in arrest of udgment if going to the pleadings. The judgment of the court below is therer ore left unreviewed, and consequently affirmed.
13 Mo. 455
Warner v. Morin
Decided July 15, 1850
Supreme Court of Missouri · decided 1850-07-15
<p>Practice in the Supreme Court. — The Supreme Court will not consider anything as aground for reviewing a proceeding or judgment of the Circuit Court which has not been finally passed upon by that court, either m a motion for a new trial, if the alleged error has relation to proceedings during the trial, or in arrest of judgment if relating to the pleadings.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1850-07-15
How this case has been cited
Cited by 11 later decisions — most recently February 1937
11 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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