Guardian Savings Bank v. Reilly
Missouri Court of Appeals
Error to the St. Louis Circuit Court. A decree which does not dispose of the question of costs is interlocutory, though it may dispose of every other question in the case. — Williams v. Field, 2 Wis. 422 ; Dioleenson v. Wise, 11 Paige, 189 ; Williamson v. Field, 2 Barb. 283 ; Forgay v. Conrad, 6 How. 204. The decree is not final, because it does not grant the relief contemplated by the bill. — Dale v. Guppies, 53 Mo. 321; Bondurant v. Apperson, 4 Mete. 32 ; Phillips y.
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Error to the St. Louis Circuit Court. A decree which does not dispose of the question of costs is interlocutory, though it may dispose of every other question in the case. — Williams v. Field, 2 Wis. 422 ; Dioleenson v. Wise, 11 Paige, 189 ; Williamson v. Field, 2 Barb. 283 ; Forgay v. Conrad, 6 How. 204. The decree is not final, because it does not grant the relief contemplated by the bill. — Dale v. Guppies, 53 Mo. 321; Bondurant v. Apperson, 4 Mete. 32 ; Phillips y. Alcorn, 4 J. J. Marsh. 38 ; Johnson v. Everett, 9 Paige, 636 ; Beebe v. Russell, 19 How. 283; Mc-Murtry v. Glascock, 20 Mo.…
1Opinion of the CourtHayden, J.
This question arises on a motion to dismiss the writ of error on the ground that it was not sued out within three years after the rendering of the judgment or decision of the court below. Rev. Stats., sect. 3745. A motion for a new trial cuts no figure in this respect, since the writ must be brought within thrée years after the time when the final judgment itself was rendered. Ham v. Public Schools, 34 Mo. 182. In the case at bar there was a decree of date March 31, 1876, and the writ of error was sued out on April 2, 1879 ; but the plaintiffs in error contend that that decree was not the…
2Cases cited8 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- Mills v. HoagNew York Court of Chancery · 1837
- Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
- Wiswall & Price v. McGownNew York Supreme Court · 1848
- Fitzpatrick v. ThomasSupreme Court of Missouri · 1876
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3Cited by3 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Hay v. McDaneldIndiana Supreme Court · 1901