Berry v. Smith
Robert Berry v. Philo L. Smith
Headnotes
Summary
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Opinion of the Court
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"Wagner, Judge,
delivered the opinion of the court.
The only complaint made is, in regard to the action of the court in refusing to grant a change of venue on the application of the defendant. *
When the court overruled the application, the record states, that the defendant presented his bill of exceptions; but it does not appear that he did except to the ruling. So, when the motion for a new trial was overruled, no exceptions were taken to the decision at all; there is, therefore, nothing saved for this court to consider.
Judgment affirmed.
The other judges concur, except Sherwood J., absent.
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Cited by 4 cases
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