Bagley v. Kelly
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. D. A. DeArmond, Judge. (1) There was no judgment on the plea in abatement in justice of the peace court and consequently nothing from which to appeal. Young, • AdnTr, v. Stonebraker, 33.Mo. 117; Adams, Adm’r, v. Trigg, 35 Mo. 190; Hubbard v. Quisenberry, 28 Mo.
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Appeal from the Bates Circuit Court. — Hon. D. A. DeArmond, Judge. (1) There was no judgment on the plea in abatement in justice of the peace court and consequently nothing from which to appeal. Young, • AdnTr, v. Stonebraker, 33.Mo. 117; Adams, Adm’r, v. Trigg, 35 Mo. 190; Hubbard v. Quisenberry, 28 Mo. App. 20. (2) Conceding that the action of the justice of the peace, on the issues raised by the plea in abatement, amounts to a judgment sustaining the attachment, still it is not a judgment from which an appeal will lie. Jones v.' Evans, 80 Mo. 565; Jones v. Snodgrass, 54 Mo. 597; Walser v.…
1Opinion of the Court
Gill, J. —
This is a suit by attachment brought by plaintiffs before a justice of the peace in Bates county. At the trial before the justice the defendant filed his plea in abatement, which, on motion of plaintiffs was stricken out by the justice, for the alleged reason that defendant had waived the same by appearing to the action and taking depositions in the cause, etc. The justice thereupon made an entry in his docket sustaining the attachment, and proceeded with the action on its merits, rendering judgment in favor of the plaintiff for the amount of the note sued on. Eight days thereafter…
2Cases cited5 opinions
- Davis v. PerrySupreme Court of Missouri · 1870
- Duncan v. ForgeyMissouri Court of Appeals · 1887
- Hubbard v. QuisenberryMissouri Court of Appeals · 1887
- Walser v. HaleySupreme Court of Missouri · 1875
- Metzenberger v. KeilMissouri Court of Appeals · 1888
3Cited by1 opinion
- Newman v. YorkMissouri Court of Appeals · 1898