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City of St. Joseph v. Ensworth

City of St. Joseph v. Ensworth, 65 Mo. 628 (1877)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1877
Judges
Sherwood
Citations
65 Mo. 628
Headnotes
Practice: bill op exceptions : Where no exception is saved, in the bill of exceptions, to the overruling of a motion to set aside a non-suit, the omission is not cured by a general exception when the motion in arrest is overruled.
Summary
Appeal from Buchanan Circuit Court.—Hon. Jos. P. G-rubb, Judge.

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

Opinion of the Court — Sherwood

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Sherwood, C. J.

There is no exception saved to the overruling of the motion to set aside the non-suit. Exceptions must be saved to each specific ruling as it occurs during the progress of the cause, and it will not do, as was attempted here, to fail to except when the motion to set aside the non-suit was overruled, and then seek to cure the *629 omission by a general exception when the motion in arrest is overruled. (Harrison v. Bartlett, 51 Mo. 170 ). Judgment affirmed. All concur. Arrirmed.

How later courts describe this case

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Cited by 12 cases

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1882–1883: 31884–1885: 11888–1889: 21892–1893: 11894–1895: 11900–1901: 11910–1911: 11912–1913: 218822026peak 1882 · 3

Relies on it most ⓘ

  1. Danforth v. Lindell Railway Co.27 S.W. 715 (Mo. 1894)
  2. McKee v. Jones Dry Goods Co.132 S.W. 1191 (Mo. Ct. App. 1910)
  3. Barnes v. McMullins78 Mo. 260 (1883)
  4. Weber v. Kansas City Cable Railway Co.100 Mo. 194 (1889)
  5. Kane v. Missouri Pacific Railway Co.157 S.W. 644 (Mo. 1913)
  6. State ex rel. Dopkins v. Hitchcock86 Mo. 231 (1885)

Most recent

  1. Kane v. Missouri Pacific Railway Co.157 S.W. 644 (Mo. 1913)
  2. Moran v. Stewart151 S.W. 439 (Mo. 1912)
  3. McKee v. Jones Dry Goods Co.132 S.W. 1191 (Mo. Ct. App. 1910)
  4. Bates v. Ruth & Mengal Realty Co.88 Mo. App. 550 (1901)
  5. Danforth v. Lindell Railway Co.27 S.W. 715 (Mo. 1894)
  6. Taylor v. Switzer19 S.W. 735 (Mo. 1892)

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 1

DepthCaseCited by
Harrison v. Bartlett, 51 Mo. 170 (1872) 28

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