City of St. Joseph v. Ensworth

Decision Date31 October 1877
Citation65 Mo. 628
PartiesCITY OF ST. JOSEPH, APPELLANT v. ENSWORTH.
CourtMissouri Supreme Court

Appeal from Buchanan Circuit Court.--HON. JOS. P. GRUBB, Judge.

B. R. Vineyard for appellant.

B. F. Loan, J. D. Strong for respondent.

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 omission by a general exception when the motion in arrest is overruled. ( Harrison v. Bartlett, 51 Mo. 170). Judgment affirmed.

All concur.

AFFIRMED.

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33 cases
  • Clark v. Atchison & Eastern Bridge Co.
    • United States
    • Missouri Supreme Court
    • August 24, 1933
    ... ... Railroad, 169 S.W. 6; ... Johnson v. Coal Co., 205 S.W. 619; Bryant v ... Kansas City, 228 S.W. 476; Fitzsimmons v ... Railroad, 242 S.W. 923; Mount v. Coal Co., 242 ... S.W ... 1192; Danforth et ux ... v. Lindell Ry. Co., 123 Mo. 198, 27 S.W. 715; St ... Joseph v. Ensworth, 65 Mo. 628. (2) The trial court ... committed no error in overruling defendant's ... ...
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