Purcell v. Payton
Missouri Court of Appeals
Appeal from the Greene Circuit Cowrt. — Hon. James T. Neville, Judge. On the trial day the justice neither tried nor continued the case on the merits. He did not render judgment of nonsuit, but of his own motion allowed the merits to stand undisposed of and transferred all the papers with the first appeal to the circuit court.
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Appeal from the Greene Circuit Cowrt. — Hon. James T. Neville, Judge. On the trial day the justice neither tried nor continued the case on the merits. He did not render judgment of nonsuit, but of his own motion allowed the merits to stand undisposed of and transferred all the papers with the first appeal to the circuit court. The justice still retained jurisdiction to render judgment of nonsuit on the merits, and, so soon as he rendered that judgment, the plaintiff’s right of appeal from the whole case attached, and not until then. Therefore the appeal from the judgment of the justice,…
1Opinion of the CourtBond, J.
Plaintiffs sued before a justice of the peace by attachment to recover an account for $149.07. Change of venue was taken, and the cause tried on a plea in abatement and a judgment on that issue rendered in favor of defendants.
No trial was asked or had upon the merits. Plaintiffs appealed to the circuit court from the judgment on the plea in abatement, where the appeal was dismissed because taken before a trial on the merits.
*444This judgment of the circuit court and all original papers and files in the cause were certified to the justice who tried the plea in abatement, whereupon he set the cause…
2Cases cited3 opinions
- Musgrove v. MottSupreme Court of Missouri · 1886
- Meyers v. BoydMissouri Court of Appeals · 1889
- Bohle v. KingsleyMissouri Court of Appeals · 1892