Morgner v. Kister
| Decision Date | 31 March 1868 |
| Citation | 42 Mo. 466 |
| Parties | ALBIN MORGNER, Plaintiff in Error, v. HENRY KISTER and FRANCIS X. KREMER, Defendants in Error. |
| Court | Missouri Supreme Court |
Error to St. Charles Circuit Court.
E. A. Lewis, for plaintiff in error.
H. C. Lackland, for defendants in error.
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, 39 Mo. 406; Bishop v. Ransom, id. 416-17.)
Judgment affirmed.
The other judges concur.
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13 cases
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Lilly v. Menke
...judge, who wrote the latter judgment, modified his opinion afterwards, as shown by Banks v. Lades (1867), 39 Mo. 406; and by Morgner v. Kister (1868), 42 Mo. 466, as well as his concurrence with Judge Wagner in the decision in Long v. Towl (1867), 41 Mo. 398, wherein we find the following o......
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Hillis v. Rhodes
... ... on appeal. Its correctness was not challenged by appellant in ... his motion for new trial. Morgner v. Kister, 42 Mo ... 466; Taylor v. Brotherhood, etc., 106 Mo.App. 212; ... Street v. School District, 221 Mo. 663; ... Ordelheide v. Traube, 183 ... ...
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Bevin v. Powell
...v. Acock, 57 Mo. 155; Curtis v. Curtis, 54 Mo. 351; The State v. Marshall, 36 Mo. 400; Lancaster v. Insurance Co., 62 Mo. 121; Morgner v. Kister, 42 Mo. 466; Collins v. Barding, 65 Mo. 496. The record proper, within the meaning of this rule, is nothing more than the original process with th......
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Lilly v. Menke
...judge who wrote the latter judgment modified his opinion afterwards, as shown by Banks v. Lades (1867) 39 Mo. 406, and by Morgner v. Kister (1868) 42 Mo. 466, as well as by his concurrence with Judge Wagner in the decision in Long v. Towl (1867) 41 Mo. 398, wherein we find the following obs......
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