Trapp v. Shull
Supreme Court of Missouri
Appeal from Holt Circuit Court. —Hon. A. D. Burnes, Judge. (1) That the right of appeal did not exist at common law, and is purely a creature of the statute, is fundamental. Therefore, unless the statute expressly gives the right to appeal, no such right exists. Snoddy v. Pettis Co., 45 Mo. 361; State v. Yaughn, 83 Mo. App. 457; Kreyling v. OReilly, 95 Mo.
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Appeal from Holt Circuit Court. —Hon. A. D. Burnes, Judge. (1) That the right of appeal did not exist at common law, and is purely a creature of the statute, is fundamental. Therefore, unless the statute expressly gives the right to appeal, no such right exists. Snoddy v. Pettis Co., 45 Mo. 361; State v. Yaughn, 83 Mo. App. 457; Kreyling v. OReilly, 95 Mo. App. 561; Bottling Co. v. Exposition Co., 240 Mo. 634. (2) Our statute does not expressly give appellants the right to appeal from the order setting aside the commissioners’ report. Sec. 2611, R. S. 1909; 1 Black on Judgments, sec. 21;…
1Opinion of the CourtBond, C. J.
A farm of two hundred acres in Holt County, Missouri, is owned by six sisters as tenants in common, three owning four-fifths thereof, the remaining three owning the residue, or one-fifth.
A partition suit was byought, and answer made, admitting the ownership of the parties as alleged in the petition, and praying that commissioners be appointed to divide the land accordingly.
Upon these pleadings, on November 2, 1915, the Circuit Court of Holt County rendered an interlocutory decree, adjudging the rights, titles and interests of al? the parties to the action, and ordering that partition be made…
2Cited by1 opinion
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