Houser v. Andersch

Rombauer, P. J.:

This is the same cause which was before us on a former appeal. (56 Mo. App. 485.) The last appeal was taken by plaintiff from a judgment in defendant’s favor on the plea in abatement, and. before final judgment on the merits. We dismissed the appeal, holding that, under the last amendment of the attachment law, approved February 25, 1891, neither plaintiff nor defendant could appeal before final judgment on the merits. The plaintiff thereupon proceeded to try the merits of the cause in the trial court, and obtained judgment in his favor on the merits, and now brings the cause…