Lawther v. Agee
Supreme Court of Missouri
Appeal from Callaway Circuit Court. I. The Circuit Court erred in rendering a final judgment against the plaintiff in error at the October term, 1863, of the Callaway Circuit Court. That judgment ought to have been an interlocutory judgment with a writ of inquiry to the next succeeding term thereafter. The judgment could not be rendered final at tlie October term of the court.
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Appeal from Callaway Circuit Court. I. The Circuit Court erred in rendering a final judgment against the plaintiff in error at the October term, 1863, of the Callaway Circuit Court. That judgment ought to have been an interlocutory judgment with a writ of inquiry to the next succeeding term thereafter. The judgment could not be rendered final at tlie October term of the court. The record does not show that any interlocutory judgment was ever entered against the defendant, either at the term the final judgment was rendered, or at any preceding term of the court. (R. C. 1855, p. 1280, § 9-11;…
1Opinion of the CourtBay, Judge
In Doan v. Holly, 26 Mo. 186, it was decided by this court that a proceeding to foreclose a mortgage given to secure the payment of a promissory note for the direct payment of money, is not one of those actions in which the law contemplates that a judgment by default may be proceeded with to final judgment at the return term.
In Hopkins v. McGee, 33 Mo. 312, we held that in actions not founded on bonds, bills, or notes, for the direct payment of money or property, an interlocutory judgment could not be taken and made final at the same term, but that the taking of the one must precede that of…
2Cases cited3 opinions
- Doan v. HollySupreme Court of Missouri · 1858
- Watson v. Walsh & PattersonSupreme Court of Missouri · 1847
- Hopkins v. McGeeSupreme Court of Missouri · 1863
3Cited by13 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Mills v. MillerNebraska Supreme Court · 1873
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Sims v. GraySupreme Court of Missouri · 1877
- Reed Bros. v. NicholsonSupreme Court of Missouri · 1900
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