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Vineyard v. Matney

Vineyard v. Matney, 68 Mo. 105 (1878)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1878
Judges
Sherwood
Citations
68 Mo. 105
Headnotes
Practice. The Supreme Court will not review the rulings of the trial court on the admissibility of evidence, unless the attention of the latter court has been called to the supposed error by the motion for new trial. It is not sufficient that exceptions were duly taken at the trial.
Summary
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, 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

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

Sherwood, C. J.

Action based on written contract. The ease 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 ; Saxton v. Allen, 49 Mo. 417 ; and the case stands here pre *106 cisely as if the evidence had been admitted without objection. Margrave v. Ausmuss, 51 Mo. 561 . Judgment affirmed.

All concur.

Arrirmed.

How later courts describe this case

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

Cited by 11 cases

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1880–1881: 11886–1887: 11888–1889: 11890–1891: 21894–1895: 21906–1907: 11912–1913: 11918–1919: 11928–1929: 118802026peak 1890 · 2

Relies on it most ⓘ

  1. Cole v. Parker-Washington Co.207 S.W. 749 (Mo. 1918)
  2. State v. Greenwade72 Mo. 298 (1880)
  3. Howard v. Strode106 S.W. 116 (Mo. Ct. App. 1907)
  4. Weese v. Brown102 Mo. 299 (1890)
  5. Schwartzman v. London & Lancashire Fire Insurance2 S.W.2d 593 (Mo. 1928) · Dissent
  6. McClintock v. Central Bank24 S.W. 1052 (Mo. 1894)

Most recent

  1. Schwartzman v. London & Lancashire Fire Insurance2 S.W.2d 593 (Mo. 1928) · Dissent
  2. Cole v. Parker-Washington Co.207 S.W. 749 (Mo. 1918)
  3. Campbell v. Boyers145 S.W. 807 (Mo. 1912)
  4. Howard v. Strode106 S.W. 116 (Mo. Ct. App. 1907)
  5. Bartlett v. Veach30 S.W. 347 (Mo. 1895)
  6. McClintock v. Central Bank24 S.W. 1052 (Mo. 1894)

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 3

DepthCaseCited by
Margrave v. Ausmuss, 51 Mo. 561 (1873) 35
Brady v. Connelly, 52 Mo. 19 (1873) 31
Saxton v. Allen, 49 Mo. 417 (1872) 10

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