Public-domain · open source
OpenJurist

15 Mo. 235

Knox v. Sikes

Supreme Court of Missouri

Decided October 15, 1851

Supreme Court of Missouri · decided 1851-10-15

ERROR t© New Madrid Circuit Court. STATEMENT OF THE CASE. This case is from the New Madrid circuit court. The plaintiff in error, James Knox, at the March term of said court, moved for leave to file his bill, praying an injunction of a judgment therein specified, which prayer wes awarded him. The bill contains the following allegations: That appellant on the 22d day of December, 1844, purchased of one Jno.

Cited by 1 later decisions — most recently June 1887

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-10-15

View the full empirical analysis of this case →

RyuAND, J.,

¶1delivered the opinion of the court.

¶2Frcftn looking over the record in this cause, I find no bill of excfep*238tions, saving any thing for our revision. The above statement which is prefixed to this opinion, contains nearly every thing, as amply as the-record does.

¶3We will not interfere in a case of this kind. It is the duty of the party making complaint, of the improper finding of the court below, to preserve the evidence; to be able to show to this court the matters of which he complains, either of law or fact, in cases of this nature.

¶4In this case, upon the final hearing, a decree is made without objecting to any evidence, or without saving the evidence on which the decree was based, and without a motion for a rehearing or new trial.

¶5The case, indeed, presents nothing on the record, entitling the party to any consideration of this court.

¶6With the concurrence, therefore, of the other judges,, the decree-of the court below is affirmed.

/15/mo/235 · .json · Public domain