McPherson v. Consolidated Casualty Co.
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; STATEMENT BY THE COURT. J. M. McPherson, as administrator of the estate of Albert McPherson, deceased, sued the Consolidated Casualty Company and the sureties upon the bond which it gave to do business in this State, in the Craighead Circuit Court upon a certain policy of insurance set out in the complaint.
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Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; STATEMENT BY THE COURT. J. M. McPherson, as administrator of the estate of Albert McPherson, deceased, sued the Consolidated Casualty Company and the sureties upon the bond which it gave to do business in this State, in the Craighead Circuit Court upon a certain policy of insurance set out in the complaint. It was alleged that plaintiff’s intestate was entitled to certain indemnities on account of his illness prior to his death. The defendant failed to answer or otherwise plead, and on the fourth day of the term the…
1Opinion of the Court
Smith, J.,
(after stating the facts). This appeal must be dismissed for the reason that it was prematurely taken.
Cases can not be tried by piecemeal, and one can not delay the final adjudication of a cause by appealing from the separate orders of the court as the cause progresses. When a final order or judgment has been entered in the court below determining the relative rights and liabilities of the respective parties, an appeal may then be taken, but not before. No such final judgment has been entered here, and the appeal must be dismissed.
In the case of Ayers v. Anderson-Tulley Co., 89 Ark.…
2Cases cited4 opinions
- Gates v. SolomonSupreme Court of Arkansas · 1904
- Sanders v. PlunkettSupreme Court of Arkansas · 1883
- Mallett v. HamptonSupreme Court of Arkansas · 1910
- Osborn v. LeMaireSupreme Court of Arkansas · 1907
3Cited by13 opinions
- H. E. McConnell & Son v. SadleSupreme Court of Arkansas · 1970
- Epting v. Precision Paint & Glass, Inc.Supreme Court of Arkansas · 2003
- Hart v. LequieuSupreme Court of Arkansas · 1913
- Democrat Printing & Lithographing Co. v. Van Buren CountySupreme Court of Arkansas · 1931
- Heffner v. HarrodSupreme Court of Arkansas · 1983
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