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33 Mo. 405

Whittelsey v. Sullivan

Supreme Court of Missouri

Decided March 15, 1863

Supreme Court of Missouri · decided 1863-03-15

<p>Practice. — Judgment affirmed with damages, no exceptions having been taken to the action of the court below.</p>

Decided 1863-03-15

Bates, Judge,

¶1delivered the opinion of the court.

¶2This is a suit for professional services. A reversal is sought upon the alleged ground that there was no evidence that the plaintiff was retained by the defendants.

¶3That question was specially put to the jury by an instruction, and verdict given for the plaintiff. No exception was taken in the court below to anything which occurred at the trial, nor to the overruling of the motion for a new trial.

¶4Judgment affirmed, with ten per cent, damages.

Judges Bay and Dryden concur.
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