Morgner v. Kister

Supreme Court of Missouri

Morgner v. Kister

42 Mo. 466

CourtSupreme Court of Missouri

DecidedMarch 15, 1868

StatusPublished

Cited by6 cases

This text of 42 Mo. 466 (Morgner v. Kister) 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

Morgner v. Kister, 42 Mo. 466 (Mo. 1868).

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Opinion

Eagg, Judge,

delivered the opinion of the court.

There are many defects in the steps taken to bring this cause here by writ of error. Passing over these, however, it is apparent from the record that there was no motion in the court below either for a new trial or in arrest of judgment. According to the former decisions of this court, an opportunity should have been given to the Circuit Court to correct its own errors ; and a failure to do so is fatal to an application for a review of the proceedings here. (Banks v. Lades, 89 Mo. 406; Bishop v. Ransom, id. 416-17.)

Judgment affirmed.

The other judges concur.

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Eagg, Judge,

delivered the opinion of the court.

There are many defects in the steps taken to bring this cause here by writ of error. Passing over these, however, it is apparent from the record that there was no motion in the court below either for a new trial or in arrest of judgment. According to the former decisions of this court, an opportunity should have been given to the Circuit Court to correct its own errors ; and a failure to do so is fatal to an application for a review of the proceedings here. (Banks v. Lades, 89 Mo. 406; Bishop v. Ransom, id. 416-17.)

Judgment affirmed.

The other judges concur.

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Bluebook (online)

42 Mo. 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgner-v-kister-mo-1868.

Opinion

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