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9 Mo. 351

Fugate v. Muir

Supreme Court of Missouri

Decided July 15, 1845

Supreme Court of Missouri · decided 1845-07-15

<p>Where a cause is tried by the court sitting as a jury, and no exceptions are taken until after a verdict is rendered, the judgment will not he reversed in the supreme court.</p>

Decided 1845-07-15

Scott, J.

¶1delivered the opinion of the court.

¶2This cause was submitted to the court sitting as a jury, and no exceptions were taken to the introduction or exclusion of any testimony, nor were any instructions asked, nor the court required to declare the law on the facts of the case. After a verdict is found against the plain*352tiff in error, then for the first time exceptions are taken. They are then too late; Little & Noecker vs. Nelson, 8 Mo. R. 709; Von Phul vs. City of St. Louis, 9 Mo. R. These cases are in accordance with the ancient and long established usage of this court. Davis vs. Scruggs, 2 Mo. R. 187.

¶3The other judges concurring, the judgment will be affirmed.

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