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Wilson v. North Missouri Railroad

H. & O. Wilson v. North Missouri Railroad Company

Wilson v. North Mo. R.R., 46 Mo. 36 (1870)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
March 15, 1870
Judges
Other, Wagner
Citations
46 Mo. 36
Headnotes
I. Practice, civil — Bill of exceptions — No point of law saved,, finding will not be disturbed.— A bill of exceptions showed'that plaintiff excepted to the finding and judgment; but no instructions were asked or given. Held, that no point of law being saved, this court will not review or disturb the finding of facts.
Summary
Appeal from St. Louis Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wagner

Text extracted by OCR from a scanned original; check the original for exact wording.

Wagner, Judge,

delivered the opinion of the court.

Plaintiff sued the defendant on account. At the trial in the court below, the cause was submitted to the court without a jury. Each party offered a single instruction, both of which were refused. The court then found and rendered judgment for the defendant. The bill of exceptions states, “to which finding and judgment of the court plaintiffs then and there excepted; no instructions asked or given by either party.” As there is no point of law saved by the record, this court will not undertake to review or disturb the finding of facts.

Judgment affirmed.

The other judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

View all citing references →
1871–1872: 21877–1878: 11881–1882: 11883–1884: 21885–1886: 11895–1896: 21897–1898: 31899–1900: 11901–1902: 11903–1904: 11917–1918: 118712026peak 1897 · 3

Relies on it most ⓘ

  1. In re Assessment of Collateral Inheritance Tax in Estate of Lankford197 S.W. 147 (Mo. 1917)
  2. Parkinson v. Caplinger65 Mo. 290 (1877)
  3. Cunningham v. Snow82 Mo. 587 (1884)
  4. Weilandy v. Lemuel47 Mo. 322 (1871)
  5. Miller v. Breneke83 Mo. 163 (1884)
  6. Clark v. St. Louis Transfer Railway Co.30 S.W. 121 (Mo. 1895)

Most recent

  1. In re Assessment of Collateral Inheritance Tax in Estate of Lankford197 S.W. 147 (Mo. 1917)
  2. Jordan v. Davis72 S.W. 686 (Mo. 1903)
  3. Bozarth v. Lincoln Legion of Honor67 S.W. 679 (Mo. Ct. App. 1902)
  4. Wischmeyer v. Richardson55 S.W. 74 (Mo. 1900)
  5. Rice, Stix & Co. v. McClure & Harper74 Mo. App. 383 (1898)
  6. Riffe v. Wabash Railroad72 Mo. App. 222 (1897)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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