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Berry v. Smith
54 Mo. 148
Mo.
1873
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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.

Case Details

Case Name: Berry v. Smith
Court Name: Supreme Court of Missouri
Date Published: Oct 15, 1873
Citation: 54 Mo. 148
Court Abbreviation: Mo.
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