Higbee v. Bowers

• Decision Date: 31 July 1845
• Citation: 9 Mo. 354
• Parties: HIGBEE ET AL. v. BOWERS.
• Court: Missouri Supreme Court

9 Mo. 354

HIGBEE ET AL.

v.BOWERS.

Supreme Court of Missouri.

July Term, 1845.

APPEAL FROM PLATTE.

HICKMAN, for Appellant.

E. L. EDWARDS, for Appellee. 1. Nothing can be assigned for error in this court, “except such as was made the subject of exceptions below.” See Swearingen v. Newman, 4 Mo. R. 456; Shelton v. Ford & Whitehill, 7 Mo. R. 211; Steamboat Thames v. Erskine & Gore, 7 Mo. R. 215. 2. The defendant excepted, first, to the introduction of the lease, made an exhibit in the bill; second, to the overruling of the motion to set aside the decree; third, to the exclusion of certain deeds offered by them in evidence.

SCOTT, J.

The only decree in this case is, that the defendants pay the complainant his costs here expended, and that execution issue therefor. It does not appear what has become of the bill or the suit; for aught that appears, it may be still pending. This, then, is not a final decree, within the meaning of the statute, from which an appeal or writ of error will lie.^(a) Let the appeal be dismissed.

(a). See 9 Mo. 172.