Berry v. Smith

54 Mo. 148 | Mo. | 1873

"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.