Sperling v. Stubblefield
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. John Guthrie IYear, Judge. It does not appear from either the transcript or appellant’s abstract that any judgment has been had or entered in this cause in the trial court: Until judgment is had in the lower court, there is nothing before this court, either to affirm or reverse; the appeal is premature and respondent moves that the same be dismissed. 1 R. S. 1889, p. 579, sec. 2246, as amended by Session Acts of 1891, p. 70; and…
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Appeal from the Stoddard Circuit Court. — Hon. John Guthrie IYear, Judge. It does not appear from either the transcript or appellant’s abstract that any judgment has been had or entered in this cause in the trial court: Until judgment is had in the lower court, there is nothing before this court, either to affirm or reverse; the appeal is premature and respondent moves that the same be dismissed. 1 R. S. 1889, p. 579, sec. 2246, as amended by Session Acts of 1891, p. 70; and Session Acts 1895, p. 91; Wood v. County Court, 28 Mo. 119; Silvey v. Sumner, 51 Mo. 199; Dale v. Oopple, 53 Mo. 321;…
1Opinion of the CourtBiggs, J.
This is an action for tbe conversion of personal property. Tbe jury returned a verdict for plaintiff, but tbe record fails to show that a judgment was entered on tbe verdict. There being no judgment, there could be no appeal. Silvey v. Sumner, 51 Mo. 199; Dale v. Copple, 53 Mo. 321. It is not sufficient that the bill of exceptions recites that a judgment was rendered. Tbe judgment must appear in tbe record. In re Spencer, 61 Mo. 375. Tbe cause will be stricken from tbe docket.
All concur.
2Cases cited3 opinions
- Dale v. CoppleSupreme Court of Missouri · 1873
- Silvey v. SumnerSupreme Court of Missouri · 1873
- In re SpencerSupreme Court of Missouri · 1875
3Cited by2 opinions
- Reesman v. RollinsonMissouri Court of Appeals · 1904
- State v. Wealaka M. & M. Co.Missouri Court of Appeals · 1905