Cormack v. Missouri State Life Insurance

This is an appeal from an order of the circuit court setting aside a judgment in appellant’s favor against appellee on .a motion for a new trial filed by it. Appellant failed to file a stipulation on his part to the effect that, if the order of the circuit court he affirmed, judgment absolute may be rendered by this court against him, as provided by § 2129, Crawford & Moses’ Digest. The applicable portion of the second subdivision of the above section reads as follows: “But no appeal to the Supreme Court from an order granting a new trial, in a case made or bill of exceptions, shall be…