Reesman v. Rollinson
Missouri Court of Appeals
Appeal from Macon Circuit Court.— Hon. Nat. M. Shelton, Judge. Respondent’s point is not well taken. His authorities have no application to an involuntary nonsuit, upon which final judgment can not be entered. The very purpose of an involuntary nonsuit is to preclude a final judgment. Chouteau v. Rowse, 90 Mo. 191; Roeder v. Shryock, 61 Mo. App. 485. There was no final judgment rendered in the case and no appeal can lie. Sperling v. Stubblefield, 83 Mo.
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Appeal from Macon Circuit Court.— Hon. Nat. M. Shelton, Judge. Respondent’s point is not well taken. His authorities have no application to an involuntary nonsuit, upon which final judgment can not be entered. The very purpose of an involuntary nonsuit is to preclude a final judgment. Chouteau v. Rowse, 90 Mo. 191; Roeder v. Shryock, 61 Mo. App. 485. There was no final judgment rendered in the case and no appeal can lie. Sperling v. Stubblefield, 83 Mo. App. 266; Silvey v. Sumner, 51 Mo. 199; Dale v. Coppie, 53 Mo. 321; In re Spencer, 61 Mo. 375; Price v. Brown, 63 Mo. 347; State v. Wymer, 79…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by plaintiffs — real estate brokers — to recover of the defendant — a landowner — $1,042.85 commission alleged in the petition of the former to be due and owing them by the latter under the terms and conditions of a certain contract. The record discloses that there was a trial to a jury of the issues made by the pleadings and that “at the conclusion of the plaintiffs’ evidence the defendant filed a demurrer thereto which was by the court sustained, and, thereupon, the plaintiffs took a nonstdt toith leave to move to set the same aside, to which judgment the…
2Cases cited19 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Young v. YoungSupreme Court of Missouri · 1901
- Boggess v. CoxSupreme Court of Missouri · 1871
- Moody v. DeutschSupreme Court of Missouri · 1884
- Farley Bros. v. CammannMissouri Court of Appeals · 1891
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3Cited by9 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Boyd v. Logan Jones Dry Goods Co.Supreme Court of Missouri · 1934
- Freeman v. McCriteMissouri Court of Appeals · 1912
- Boden v. JohnsonMissouri Court of Appeals · 1930
- Herndon v. FordMissouri Court of Appeals · 1971
4 more not listed; retrieve them via the Exa API.