Flanagan v. Hutchinson
Supreme Court of Missouri
Error to First District Court. This was a suit begun by attachment. Judgment by default was rendered against defendant. Afterward the judgment was set aside on motion of defendant, who thereupon demurred to the petition. The demurrer was sustained, and the plaintiff excepted.
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Error to First District Court. This was a suit begun by attachment. Judgment by default was rendered against defendant. Afterward the judgment was set aside on motion of defendant, who thereupon demurred to the petition. The demurrer was sustained, and the plaintiff excepted. Then on motion o£ defendant the court dissolved the attachment and dismissed the cause, gave judgment for costs and charges, and ordered execution. ' For statement of the case see also opinion of the court. The judgment rendered in the Circuit Court was final. ( 3 Iowa, 261; 4 Iowa, 340 ; 16 Iowa, 530; 21 Iowa, 298.)…
1Opinion of the CourtCurrier, Judge
This cause was appealed from the Circuit Court by the plaintiff. It is objected that the record fails to show a final judgment. The suit was dismissed on motion, and the court thereupon rendered judgment in favor of the defendant for costs, and awarded execution accordingly. The judgment, as shown by *239the record, was informal; it ivas, nevertheless, final. The case was definitely disposed of and out of court. .There was nothing further for the court to do in. respect to it.
In the progress of the cause a demurrer to the petition was sustained, and the plaintiff excepted and stood upon his…
2Cases cited3 opinions
- Meyer v. LowellSupreme Court of Missouri · 1869
- Besshears v. RoweSupreme Court of Missouri · 1870
- Howard v. CoshowSupreme Court of Missouri · 1862
3Cited by18 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Hedden v. SchneblinMissouri Court of Appeals · 1907
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