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33 Mo. 43

Smith v. Phillips

Supreme Court of Missouri

Decided October 15, 1862

Supreme Court of Missouri · decided 1862-10-15

<p>Exceptions.--Objections to the action of a nisi prius court must b'e stated in the bill of exceptions.</p>

Decided 1862-10-15

Bates, Judge,

¶1delivered the opinion of the court.

¶2This was an action in the nature of ejectment, which was tried before the court without a jury.

¶3The record does not show any instructions or declarations of law given or refused by the court. Upon the trial, the court gave judgment for the defendant. We cannot tell what was decided in the court below.

¶4It is argued in this court that the court below improperly admitted evidence given in the lower court by the defendant.

¶5The objections to the testimony given do not appear in the record. Indeed, it does not properly appear that any objection at all was made, the only statements being that the plaintiff “ excepted to the reading ” of certain papers in evidence. There is nothing in the case which we can review.

The other judges concurring,

¶6the judgment is affirmed.

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