City of St. Joseph v. Ensworth

Supreme Court of Missouri

City of St. Joseph v. Ensworth

65 Mo. 628

Supreme Court of Missouri·Decided October 15, 1877·Published·Cited by 13 cases

Opinion

Sherwood, C. J.

There is no exception saved to the overruling of the motion to set aside the non-suit. Exceptions must be saved to each specific ruling as it occurs during the progress of the cause, and it will not do, as was attempted here, to fail to except when the motion to set aside the non-suit was overruled, and then seek to cure the [629] omission by a general exception when the motion in arrest is overruled. (Harrison v. Bartlett, 51 Mo. 170). Judgment affirmed. All concur. Arrirmed.

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Sherwood, C. J.

There is no exception saved to the overruling of the motion to set aside the non-suit. Exceptions must be saved to each specific ruling as it occurs during the progress of the cause, and it will not do, as was attempted here, to fail to except when the motion to set aside the non-suit was overruled, and then seek to cure the [629] omission by a general exception when the motion in arrest is overruled. (Harrison v. Bartlett, 51 Mo. 170). Judgment affirmed. All concur. Arrirmed.

City of St. Joseph v. Ensworth, 65 Mo. 628 (Mo. 1877).

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