Berry v. Smith

Supreme Court of Missouri

Berry v. Smith

54 Mo. 148

CourtSupreme Court of Missouri

DecidedOctober 15, 1873

StatusPublished

Cited by4 cases

This text of 54 Mo. 148 (Berry v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. Smith, 54 Mo. 148 (Mo. 1873).

Pincite

Opinion

"Wagner, Judge,

delivered the opinion of the court.

The 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. *

When 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.

Judgment affirmed.

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

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"Wagner, Judge,

delivered the opinion of the court.

The 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. *

When 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.

Judgment affirmed.

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

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Bluebook (online)

54 Mo. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-smith-mo-1873.

Opinion

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