Pieper v. Neumeister
Pieper v. Neumeister
Opinion of the Court
The action is one for work and material furnished. The cause was tried by a jury and the plaintiff recovered judgment. The defendant filed a motion for new trial, which the court overruled, but the defendant failed to. except to such ruling.
While the rule seems to be very technical, that one failing to except to the overruling of his motion for new trial loses the benefit of all other exceptions taken at the trial, it is too firmly established by a long line of decisions in this state to be questioned. Wilson v. Haxby, 76 Mo. 345; McIrvine v. Thompson, 81 Mo. 647; Jackson v. Railroad, 80 Mo. 147; Huttig, etc.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.