St. Francis Mill Co. v. Sugg
Supreme Court of Missouri
Appeal from DunMin Circuit Court. — Hon. John G-. Wear, Judge. (1) The court below erred in refusing, at the January term, 1895, to entertain defendants’ motion for a new trial, filed August 20, 1880, and in holding that the same had been abandoned and was no longer pending.
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Appeal from DunMin Circuit Court. — Hon. John G-. Wear, Judge. (1) The court below erred in refusing, at the January term, 1895, to entertain defendants’ motion for a new trial, filed August 20, 1880, and in holding that the same had been abandoned and was no longer pending. Having been filed in due time after judgment, to wit, within four days, as required by law, the motion continued to be a pending motion until passed upon by the court, although not continued by a general or special order from term to term. Until the motion is disposed of the judgment is not a finality. Riddlesbarger v:…
1Opinion of the CourtBarclay, P. J.
This is an appeal by defendants in the sameYause described in the report of plaintiffs’ appeal, heard at this term, ante, page 358.
A few facts should be added to those stated in' the opinion on the other appeal.- In the latter part of 1894, the defendants served notice that at the following January term, 1895, of the Dunklin circuit court, they would ask the court to pass upon their pending motion *367for new trial. When plaintiffs appeared at said January term, they filed the motion for an entry nunc pro tunc which formed the gist of the contest upon the plaintiff’s appeal. The learned circuit…
2Cases cited3 opinions
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Woolfolk v. TateSupreme Court of Missouri · 1857
- Cocker v. CockerSupreme Court of Missouri · 1874
3Cited by12 opinions
- Hunt v. SearcySupreme Court of Missouri · 1902
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Costello v. City of KansasMissouri Court of Appeals · 1921
- St. Francis Mill Co. v. SuggSupreme Court of Missouri · 1907
- Staples v. CallahanCourt of Appeals of Texas · 1940
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