Legal Opinion

Franken v. Carpenter

Missouri Court of Appeals

Decided January 15, 1963No. 31019PublishedCited by 5 opinions

1Opinion of the Court

GEORGE P.-ADAMS, Special Judge.

Defendant-landowner appeals from an adverse -judgment for $4,640.00 and a mechanic’s lien against her land in favor of plaintiff-contractor, entered pursuant to a jury’s verdict.

The jury’s verdict and the judgment below did not dispose of a counterclaim filed by defendant. Even though neither of the parties has raised the point, we are obliged to determine sua sponte, whether we have appellate jurisdiction. Bennett v. Wood, Mo., 239 S.W.2d 325, 328(4); Collier et al. v. Smith et al., Mo.App., 292 S.W.2d 627, 631(5). Having concluded that the appeal is premature,…

2Cases cited7 opinions

  1. Bennett v. WoodSupreme Court of Missouri · 1951
  2. Commercial Nat. Bank of Kansas City, Kan. v. WhiteSupreme Court of Missouri · 1953
  3. Collier v. SmithMissouri Court of Appeals · 1956
  4. Kelly v. RowaneMissouri Court of Appeals · 1889
  5. Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
  2. Baumstark v. JordanMissouri Court of Appeals · 1976
  3. c.ed Gaines v. c.w.jonesCourt of Appeals for the Eighth Circuit · 1973
  4. Corrigan Co. Mechanical Contractors, Inc. v. FleischerMissouri Court of Appeals · 1967
  5. Custom Control Manufacturer, Inc. v. Matney & Co.Missouri Court of Appeals · 1972

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