Berry v. Smith

Decided October 15, 1873

Supreme Court of Missouri · decided 1873-10-15

<p>1. Practice,civil — Exceptions—Reversal—Where no exceptions are taken to the rulings of the lower court, this court will not reverse the ease on the ground of such rulings.</p>

Cited by 4 later decisions — most recently November 1919

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-10-15

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"Wagner, Judge,

¶1delivered the opinion of the court.

¶2The only complaint made is, in regard to the action of the court in refusing to grant a change of venue on the application of the defendant. *

¶3When the court overruled the application, the record states, that the defendant presented his bill of exceptions; but it does not appear that he did except to the ruling. So, when the motion for a new trial was overruled, no exceptions were taken to the decision at all; there is, therefore, nothing saved for this court to consider.

¶4Judgment affirmed.

The other judges concur, except Sherwood J., absent.