Warren v. Badger Lead & Zinc Co.
Supreme Court of Missouri
Error to Greene Circuit Court. — Hon. James T. Neville, Judge. Defendant in error is guilty of laches. Its motion should have been filed before plaintiff in error had gone to the expense of abstract and brief. Gaar-Scott v. Nelson, 166 Mo. App. 51. Our contention is that there was no final judgment until April 13, 1909, when the motion in arrest was overruled. State ex rel. v. Ryan, 115 Mo.
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Error to Greene Circuit Court. — Hon. James T. Neville, Judge. Defendant in error is guilty of laches. Its motion should have been filed before plaintiff in error had gone to the expense of abstract and brief. Gaar-Scott v. Nelson, 166 Mo. App. 51. Our contention is that there was no final judgment until April 13, 1909, when the motion in arrest was overruled. State ex rel. v. Ryan, 115 Mo. App. 421. The whole matter rested within the breast of the court until the motion in arrest was determined. Thomas v. Thomas, 64 Mo. 353; Riddlesbarger v. McDaniel, 38 Mo. 138; Mill Co. v. Sugg, 142 Mo.…
1Opinion of the Court
WILLIAMS, C.
Plaintiff instituted suit in tbe circuit court of Greene county, Missouri, to recover damages for tbe death of her husband, which occurred while working in defendant’s lead and zinc mines, and is alleged to have been caused by defendant’s negligence.
During tbe January, 1909, term of said circuit court and on January 16, 1909, tbe court sustained defendant’s general demurrer to plaintiff’s amended petition, and later during said term, on February 17, 1909, tbe plaintiff declining to plead further tbe court rendered final judgment for tbe defendant. On February 22, and during said…
2Cases cited9 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
- Spears v. BondSupreme Court of Missouri · 1883
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
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3Cited by6 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Ruehling v. Pickwick-Greyhound Lines, Inc.Supreme Court of Missouri · 1935
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
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