Rock Island Implement Co. v. Marr
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Hon. A. D. Bwrnes, Judge. (1) The judgment from which the plaintiff appeals is based upon the action of the lower court on the separate demurrers of Katharina Marr, Henry Kolb and Conrad Kochan. It did not so much as purport to affect the seven other defendants, who had filed no demurrers in the case.
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Appeal from DeKalb Circuit Court. — Hon. A. D. Bwrnes, Judge. (1) The judgment from which the plaintiff appeals is based upon the action of the lower court on the separate demurrers of Katharina Marr, Henry Kolb and Conrad Kochan. It did not so much as purport to affect the seven other defendants, who had filed no demurrers in the case. Granting that it was a sufficient final judgment as to the parties named to warrant an appeal if these three had been the only defendants, yet it leaves seven defendants undisposed of. The appeal was prematurely taken and must be dismissed. Sater v. Hunt, 61…
1Opinion of the CourtBrace, P. J.
— This is an appeal from a judgment of the DeKalb Circuit Court, sustaining a demurrer to the plaintiff’s second amended petition; in which, for a cause of action, it is alleged:
“That on November 13, 1896, George Marr, Sr., died, testate, seized of the west half of the northeast quarter of section 19, township 58, range 31, in said county, subject to a deed of trust executed by the said testator and wife, dated August 4, 1894, conveying said tract to defendant Conrad Kochan, in trust, to secure the payment of a promissory note executed by him and payable to defendant Henry Kolb for the sum of…
2Cases cited7 opinions
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Caulfield v. FarishMissouri Court of Appeals · 1887
- Sater v. HuntMissouri Court of Appeals · 1895
- Sater v. HuntMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Johnson v. United Railways Co.Supreme Court of Missouri · 1910
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Cox v. Frank L. Schaab Stove & Furniture Co.Supreme Court of Missouri · 1933
- First Community Credit Union v. LevisonMissouri Court of Appeals · 2013
- Baker v. City of St. LouisSupreme Court of Missouri · 1905
9 more not listed; retrieve them via the Exa API.