Jordan v. Wickham
Missouri Court of Appeals
Appeal from- the Clarke' County Circuit Court, Ben E.‘Turner, Judge. The appeal is properly taken from the judgment on the plea in abatement. Knapp, Stout & Go. v. Joy, 9 Mo. App. 47; Davis v. Derry, 46 Mo. 449; Walser v. Haley, 61 Mo. 445. No appeal lies in this case. Rev. Stat., sect. 439; Walser v, Haley, 61 Mo. 445.
1Opinion of the CourtThompson, J.
In this case there was a trial before a jury of the issue made by a plea in abatement to an attachment, which resulted in a verdict for the defendant,.and a judgment that the attachment abate. Immediately after this verdict, and on the same day, the court, without a jury, on motion of the plaintiff, and without any objection from the defendant, proceeded to try the cause of action, which was a suit on a note, and rendered a verdict and judgment thereon for the plaintiff. The plaintiff appeals to this court, and his ground of appeal is error in rendering the judgment against him on a plea in…
2Cases cited3 opinions
- Davis v. PerrySupreme Court of Missouri · 1870
- Walser v. HaleySupreme Court of Missouri · 1875
- Knapp, Stout & Co. v. JoyMissouri Court of Appeals · 1880
3Cited by1 opinion
- Duncan v. ForgeyMissouri Court of Appeals · 1887