Legal Opinion

Sperling v. Stubblefield

Missouri Court of Appeals

Decided February 27, 1900PublishedCited by 2 opinions

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

  1. Dale v. CoppleSupreme Court of Missouri · 1873
  2. Silvey v. SumnerSupreme Court of Missouri · 1873
  3. In re SpencerSupreme Court of Missouri · 1875

3Cited by2 opinions

  1. Reesman v. RollinsonMissouri Court of Appeals · 1904
  2. State v. Wealaka M. & M. Co.Missouri Court of Appeals · 1905

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