Legal Opinion

Arthur v. Rickards

Supreme Court of Missouri

Decided August 15, 1871PublishedCited by 3 opinions

Error to Clay Circuit Court. I. This cause should be dismissed from this court, because the record shows no final judgment from which a writ of error will lie. (Whittel’s Pr. 212, 407, 500.) The transcript of the record must show in this court that final judgment has been entered in the court below.

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Error to Clay Circuit Court. I. This cause should be dismissed from this court, because the record shows no final judgment from which a writ of error will lie. (Whittel’s Pr. 212, 407, 500.) The transcript of the record must show in this court that final judgment has been entered in the court below. (Collier v. Whedon, 1 Mo. 1'; State, etc., v. Pepper, 7 Mo. 848; Horr v. Knighton, • 9 Mo. 180; Robinson v. Morgan County Court, 32 Mo. 428.) An order dismissing a suit is not a final judgment from which a writ of error will lie (Miller v. Richardson, 1 Mo. 310), nor is an order merely sustaining…

1Opinion of the CourtCurrier, Judge

The court sustained a demurrer to the petition and dismissed the suit. The judgment of dismissal was informal, but it was final and fatal to the plaintiff’s action. The dismissal terminated the suit in the Circuit Court, and the plaintiff was compelled either to submit to the consequences or bring the cause here.

The defendant demurred upon the ground that another suit was then pending between the same parties and for the same cause of action. It is not pretended that the petition shows any such fact. The demurrer should therefore have been overruled.

*300The statute is clear and express on this…

2Cited by3 opinions

  1. Baltimore City Passenger Railway Co. v. TannerCourt of Appeals of Maryland · 1900
  2. Lowenberg v. BerndSupreme Court of Missouri · 1871
  3. Eberhardt v. HarklessU.S. Circuit Court for the District of Western Missouri · 1902

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