21 Mo. 122
Decided March 15, 1855
Supreme Court of Missouri · decided 1855-03-15
Louis Law Commissioner’s Court. This action was brought to recover for lime sold and delivered. The items were specifically set forth in an account annexed to the petition. The answer contained a general denial of-indebtedness, and specific allegations, to the effect that the plaintiff had been overpaid for lime furnished prior to that sued for, to an amount exceeding the plaintiff’s demand, and this was set up as an offset.
Cited by 2 later decisions — most recently June 1894
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1855-03-15
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¶1It is the settled law, that exceptions must be taken at the time, and the bill prepared and signed during the term, and not afterwards, unless it is so consented to.
¶2Here, the only exception taken, that has been properly preserved, so that it can be noticed by this court, is, the refusal of the lower court to set aside the final judgment rendered at a preceding term, and we see no error here. Judgment affirmed.