Vineyard v. Matney
| Decision Date | 31 October 1878 |
| Citation | Vineyard v. Matney, 68 Mo. 105 (Mo. 1878) |
| Parties | VINEYARD et al., Appellants, v. MATNEY. |
| Court | Missouri Supreme Court |
Appeal from Buchanan Circuit Court.--HON. JOS. P. GRUBB, Judge.
Vories, Loan and Vineyard for appellants.
Bennett Pike for respondent.
Action based on written contract. The case hinges upon the propriety of the admission of parol evidence in reference to that contract. Although exception was taken to the admission of such evidence, yet, as the attention of the court was not called to the alleged error in the motion for new trial, and opportunity thus afforded for correction of the supposed error, we cannot notice the point here. Brady v. Connelly, 52 Mo. 19; Saxion v. Allen, 49 Mo. 417; and the case stands here precisely as if the evidence had been admitted without objection. Margrave v. Ausmuss, 51 Mo. 561. Judgment affirmed.
All concur.
AFFIRMED.
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32 cases
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Kansas City v. Bacon
... ... 589. (15) Motion for new trial was not sufficiently ... definite to authorize the evidence offered. Cowen v ... Railroad, 48 Mo. 556; Vineyard v. Matney, 68 ... Mo. 105; State ex rel. v. Burckhartt, 83 Mo. 430; ... Collins v. Saunders, 46 Mo. 389; McClintock v. Bank, ... 120 Mo. 127 ... ...
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Cole v. Parker-Washington Company
... ... occurring at a former trial. Green v. Walker, 99 Mo ... 68; Brady v. Connelly, 52 Mo. 19; Hatcher v ... Moore, 51 Mo. 115; Vineyard v. Matney, 68 Mo ... 105. And the interlocutory decree is itself a subject for a ... separate appeal, if desired; though such appeal is not ... ...
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Schwartzman v. London & Lancashire Fire Ins. Co., Limited, of Liverpool, England
... ... construed as alluding to excessive damages. So that point is ... not now available to defendant in this court. [Vineyard v ... Matney, 68 Mo. 105.] Had such a ground for a new trial been ... assigned in the motion, plaintiff could, at once, have ... removed the ... ...
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Cole v. Parker-Washington Co.
...to the following cases: Green v. Walker, 99 Mo. 68, 12 S. W. 353; Brady v. Connelly, 52 Mo. 19; Hatcher v. Moore, 51 Mo. 115; Vineyard v. Matney, 68 Mo. 105. None of these cases support the proposition presented for decision; in the first and third there was no motion for a new trial filed ......
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