Osborne & Co. v. Farmers' Machine Co.
Supreme Court of Missouri
Appeal from Netvton Circuit Court.—Hon. Joseph Cravens, Judge. Appellant could not take an appeal on the plea in abatement until after the trial on the merits. Consequently an order of the circuit court allowing an appeal before the trial on the merits is void. Revised Statutes, sec. 562, p. 226; Fagley v. Vail, 11 Mo. App. 601; Duncan v. Forgey, 25 Mo. App. 310; Metzenberger v. Keil, 31 Mo.
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Appeal from Netvton Circuit Court.—Hon. Joseph Cravens, Judge. Appellant could not take an appeal on the plea in abatement until after the trial on the merits. Consequently an order of the circuit court allowing an appeal before the trial on the merits is void. Revised Statutes, sec. 562, p. 226; Fagley v. Vail, 11 Mo. App. 601; Duncan v. Forgey, 25 Mo. App. 310; Metzenberger v. Keil, 31 Mo. App. 130. Prior to the revision of 1879 a defendant could not appeal from a judgment against him on a plea in abatement. Since the revision a defendant must file his exceptions and await judgment on the…
1Opinion of the CourtBtjrgess, J.
This is a .suit by attachment commenced m the circuit court of Jasper county, taken by change of venue to the circuit court of Newton county, where it was tried on a plea in abatement, on the twenty-fourth day of May, 1890, and judgment was rendered for plaintiff sustaining the attachment.
On May 26, 1890, defendant filed its motion for a new trial which was overruled June 30,1890. On July 9, 1890, defendant filed affidavit for an appeal which was granted and defendant allowed sixty days in which to file a bill of exceptions. On the thirteenth day of November, 1890, the cause was tried on its…
2Cases cited4 opinions
- State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
- Duncan v. ForgeyMissouri Court of Appeals · 1887
- Mackey v. HyattMissouri Court of Appeals · 1890
- Metzenberger v. KeilMissouri Court of Appeals · 1888
3Cited by1 opinion
- National Surety Corporation v. FisherSupreme Court of Missouri · 1958