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51 Mo. 170

Harrison v. Bartlett

Supreme Court of Missouri

Decided October 15, 1872

Supreme Court of Missouri · decided 1872-10-15

<p>1. Practice, civil, Supreme Qoivrt — Appeal—General exceptions, effect of. — A general statement at the end of a bill of exceptions, that to all the rulings, orders and judgments of the court the defendant excepted, is insufficient and will not be noticed by the Supreme Court. The exception must be saved to the specific ruling in the progress of the cause.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1872-10-15

How this case has been cited

Cited by 26 later decisions — most recently June 1913 · most notably Weber v. Kansas City Cable Railway Co. (1889), Barnes v. McMullins (1883)

26 state decisions

10018721880189019001910decided

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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Wagner, Judge,

¶1delivered tbe opinion of the court.

¶2This case was tried before the court sitting as a jury, and afte hearing the evidence the verdict was for the plaintiff, and judgment was rendered thereon. From that judgment the defendant has appealed.

¶3We have examined the whole record and find that no exceptions were saved to the rulings of the court, and no instructions were asked for or given. There is, therefore, no point of law preserved for this court to review.

¶4At the end of the bill of exceptions we find it stated that to all the rulings, orders and judgment of the court the defendant excepted. But this court has always held that that was not sufficient and would not be noticed.

¶5The exception must be saved to the specific ruling in the progress of the cause. When a question of law is sought to be raised on tbe trial, instructions should always be asked for so as to enable this court to see on what theory the court below decided.

¶6As there is no question of law before us, tbe judgment must be affirmed.

Judge Adams concurs, Judge Bliss absent.
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