Kroeger v. Dash
Missouri Court of Appeals
Error to the Oole Circuit Court. — Hon. D. W. Bhachelford, J udge. (1) Does a writ of error lie from the order granting a new -trial or must it be by appeal ? If this court or the supreme court have passed upon this first question directly, we are net aware of it, hut -it has construed a similar statute, to wit, section 2253, of the Revised Statutes 1889, and the reason in thlat case well applies here.
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Error to the Oole Circuit Court. — Hon. D. W. Bhachelford, J udge. (1) Does a writ of error lie from the order granting a new -trial or must it be by appeal ? If this court or the supreme court have passed upon this first question directly, we are net aware of it, hut -it has construed a similar statute, to wit, section 2253, of the Revised Statutes 1889, and the reason in thlat case well applies here. Eing v. Bailway, 112 Mo. 220. (2) Having appeared to the merits it is now too late to object to the manner of getting into court. Crosby v. Clary, 43 Mo. App. 222, and authorities cited. Prior…
1Opinion of the CourtEllison, J.
This is 'am action of replevin. On a trial in the circuit court there was a verdict for the plaintiff. After-wards defendant filed a motion for new trial which being sustained, the verdict was set 'aside 'and a new trial granted. Plaintiff did not appeal, 'but afterwards sued out a writ of error in this court 'amid brought 'the case here by such writ of error. The question is presented, whether a writ of error can be 'had on a judgment granting a new trial.
By the terms of section 2246, Eevised Statutes 1889, an appeal could only be taken from the final judgment in‘a case. And by the terms of…
2Cases cited5 opinions
- Macklin v. AllenbergSupreme Court of Missouri · 1889
- Young v. HudsonSupreme Court of Missouri · 1889
- Duncan v. ForgeyMissouri Court of Appeals · 1887
- Ring v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- State ex rel. Cass County v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
3Cited by3 opinions
- Padgett v. SmithSupreme Court of Missouri · 1907
- Strother v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1916
- Ridge v. WittmanMissouri Court of Appeals · 1933