State ex rel. Sly v. Steinman

• Court: Missouri Supreme Court
• Writing for the Court: RYLAND
• Citation: State ex rel. Sly v. Steinman, 18 Mo. 201 (Mo. 1853)
• Decision Date: 31 March 1853
• Parties: STATE TO USE OF SLY, Plaintiff in Error, v. STEINMAN & LAUMAN, Defendants in Error.

18 Mo. 201

STATE TO USE OF SLY, Plaintiff in Error,

v.STEINMAN & LAUMAN, Defendants in Error.

Supreme Court of Missouri.

March Term, 1853.

1. Case not properly saved.

Error to St. Louis Court of Common Pleas.

This was a suit on an attachment bond, executed by Steinman, as principal, and Lauman, as security, to enable the former to sue out a writ of attachment against Eli Sly. The plaintiff claimed damages to the amount of $1,200. The defendants filed a motion to strike out a part of the plaintiff's petition, which was sustained. This motion is set out in the opinion below. There is nothing in the record sent up to indicate what portion of the plaintiff's petition was stricken out, nor does it appear that any exception was taken to the action of the court in sustaining the motion to strike out.

The case was tried by the court and resulted in a judgment for the plaintiff for sixty dollars, to reverse which, plaintiff sued out a writ of error. No motion for a review of the finding by the court was made below.

H. N. Hart, for plaintiff in error.

C. C. Simmons, for defendants in error.

RYLAND, Judge, delivered the opinion of the court.

The only question presented to this court by the counsel for the plaintiff in error, is the legality of the decision of the court below in sustaining the defendants' motion to strike out a part of the plaintiff's petition. The motion of the defendants, to strike out, is as follows: “And now come the said defendants and move the court to strike out all of that portion of said plaintiff's petition contained in and following after the seventh line, on...