Walser v. Haley
Supreme Court of Missouri
Appeal from. Barton County Circuit Court. An appeal from the judgment of the circuit court upon the plea in abatement will lie in this cause, as no appeal was prayed for nor allowed till after the trial upon the merits. The cases cited by the respondent on this point are not applicable to the state of facts as presented by the record in this cause. There was in this case a final judgment. (Wagn.
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Appeal from. Barton County Circuit Court. An appeal from the judgment of the circuit court upon the plea in abatement will lie in this cause, as no appeal was prayed for nor allowed till after the trial upon the merits. The cases cited by the respondent on this point are not applicable to the state of facts as presented by the record in this cause. There was in this case a final judgment. (Wagn. Stat., 1051, § 1; 1059, § 9.) An appeal will not lie from a judgment on a plea in abatement. (Davis vs. Perry, 46 Mo., 449 ; Anderson vs. Moberlv, 46 Mo., 191; Jones vs. Snodgrass, 54 Mo., 597.)
1Opinion of the CourtNapton, Judge
This suit originated before a justice of the peace, and an attachment was sued out, on the ground that the defendant was about to leave the State.
On the trial of the issue under the plea in abatement in the circuit court, some evidence was excluded by the court supposed to have been legal, to which exceptions were taken, and after verdict for defendant, a motion for a new trial was made and a motion in arrest, but the case proceeded as the statute directs, and the plaintiff obtained his judgment, and then appealed from the judgment for costs on verdict found in the plea of abatement.
The case…
2Cases cited1 opinion
- Davis v. PerrySupreme Court of Missouri · 1870
3Cited by6 opinions
- Butcher v. TaylorSupreme Court of Kansas · 1877
- Wirt v. DinanMissouri Court of Appeals · 1890
- Knapp, Stout & Co. v. JoyMissouri Court of Appeals · 1880
- Bagley v. KellyMissouri Court of Appeals · 1890
- Jordan v. WickhamMissouri Court of Appeals · 1886
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