Morgner v. Kister

Decided March 15, 1868

Supreme Court of Missouri · decided 1868-03-15

<p>1. Pleadings — Motion for New Trial■—Supreme Court.— The failure of a, party appellant to file Ms motion for new trial or in arrest of judgment, thereby giving the Circuit Court no opportunity to correct its own errors, is fatal to an application for a review of the proceedings in this court.</p>

Relies on Fruin v. Crystal Railway Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1868-03-15

How this case has been cited

Cited by 5 later decisions — most recently December 1922

5 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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Eagg, Judge,

¶1delivered the opinion of the court.

¶2There are many defects in the steps taken to bring this cause here by writ of error. Passing over these, however, it is apparent from the record that there was no motion in the court below either for a new trial or in arrest of judgment. According to the former decisions of this court, an opportunity should have been given to the Circuit Court to correct its own errors ; and a failure to do so is fatal to an application for a review of the proceedings here. (Banks v. Lades, 89 Mo. 406; Bishop v. Ransom, id. 416-17.)

¶3Judgment affirmed.

The other judges concur.