Kinealy v. Macklin
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. No appeal lay from the so-called interlocutory order, but defendants duly excepted to it, and when the final judgment was rendered, they, as well as the plaintiff, appealed to general term.
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Appeal from St. Louis Court of Appeals. No appeal lay from the so-called interlocutory order, but defendants duly excepted to it, and when the final judgment was rendered, they, as well as the plaintiff, appealed to general term. General term in all things reversed the judgment and remanded the cause, and plaintiff alone appealed to this court — from what ? It cannot be said his appeal was from the judgment of reversal for that was in his favor, and nothing is better settled than that a party cannot appeal from a judgment in his favor. Holton v. Buggies, 1 Root (Oonn.) 318; Raymond v. Barker,…
1Opinion of the CourtSherwood, C. J.
The plaintiff, having purchased at execution sale the interest of Patrick Macklin in certain real, estate, brought this suit to divest the title out of defendants and to vest it in himself. Upon a hearing had, an interlocutory decree was entered, finding the issues for plaintiff, and providing that the deed to Haydell, the trustee of the wife, should be set aside as prayed, unless the defendants would, in a fixed time, pay the amount of the judgment under which plaintiff bought, as well as costs, and further providing that, upon such payment being made into court, plaintiff’s petition should…
2Cases cited3 opinions
- Ringgold v. BarleyCourt of Appeals of Maryland · 1853
- Rankin v. PerrySupreme Court of Missouri · 1838
- Holton v. RugglesSupreme Court of Connecticut · 1791
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- Guarantee Co. of North America v. Phenix Ins.Court of Appeals for the Eighth Circuit · 1903
- Cochran v. M & M TRANSP. CO.Court of Appeals for the First Circuit · 1940
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1942
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