McGee v. Roberts
Supreme Court of Missouri
Appeal from Clay Circuit Court. The court below erred in dismissing the appeal taken from the County Court. The judgment rendered was a final judgment from which an appeal would lie ; and if so, then the court below ought to have heard the case, and not hare dismissed the appeal — Art. 5, § 8, Const., R. C. 1855, p. 38 ; R. C. 1855, p. 174, § 1, clauses 6 & 12; Wilson v. Brown, 21 Mo. 410; R. C. 1855, p. 533, § 8, cl. 4. I. The appeal was properly dismissed.
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Appeal from Clay Circuit Court. The court below erred in dismissing the appeal taken from the County Court. The judgment rendered was a final judgment from which an appeal would lie ; and if so, then the court below ought to have heard the case, and not hare dismissed the appeal — Art. 5, § 8, Const., R. C. 1855, p. 38 ; R. C. 1855, p. 174, § 1, clauses 6 & 12; Wilson v. Brown, 21 Mo. 410; R. C. 1855, p. 533, § 8, cl. 4. I. The appeal was properly dismissed. The County Court made no order from which .an appeal lies, no order for the sale of real estate — R. C. 1855, p. 174, § 1; Dyer et als.…
1Opinion of the CourtFagg, Judge
Upon the application of the appellant, an order was made by the County Court of Clay county directing him as public administrator of said county having in charge the estate of Robert C. Thompson, deceased, to sell all of the real estate *515belonging to the estate of said deceased, or so niucli thereof as might be necessary to pay the debts of said estate. After-wards the respondents, as the heirs at law of the said Robert C. Thompson, appeared and filed their motion asking the County Court to set aside and vacate the order of sale, which was sustained. An appeal from the action of the County…
2Cited by3 opinions
- McVey v. McVeySupreme Court of Missouri · 1873
- Hanley v. HoltonMissouri Court of Appeals · 1906
- Kenrick v. ColeSupreme Court of Missouri · 1870