McVey v. Barker
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Ron. Elliott M. Hughes, Judge. STATEMENT OE THE CASE. This is an action of replevin brought against the city of Laddonia and H. L. Barker. The petition is in the usual form und alleges the unlawful caption by defendants of four horses, the property of plaintiff; asks for damages, actual, in the sum of two hundred and fifty dollars, and punitive, in the same amount.
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Appeal from Audrain Circuit Court. — Ron. Elliott M. Hughes, Judge. STATEMENT OE THE CASE. This is an action of replevin brought against the city of Laddonia and H. L. Barker. The petition is in the usual form und alleges the unlawful caption by defendants of four horses, the property of plaintiff; asks for damages, actual, in the sum of two hundred and fifty dollars, and punitive, in the same amount. To this petition a demurrer was interposed by the city on the ground that, being one of the fourth class, an action of replevin could not be maintained against it. The court sustained this…
1Opinion of the CourtBond, J.
The appeal taken in this cause must be dismissed. The failure of the record, to show some disposition of the cause as to all of the parties defendant before the rendition *517of a final judgment in favor of one of the defendants, is an insuperable obstacle to the prosecution of an appeal; for there can be only one final judgment in any case. In the one at bar, the court should have withheld the final judgment, after its ruling on the demurrer of the city until the case was ready for judgment against the other defendant, either by a dismissal as to him by plaintiff, or upon a trial, after which a…
2Cases cited3 opinions
- Ulrich v. City of St. LouisSupreme Court of Missouri · 1892
- Sater v. HuntMissouri Court of Appeals · 1895
- Jefferson County v. St. Louis CountySupreme Court of Missouri · 1893
3Cited by2 opinions
- Anable v. McDonald Land & Mining Co.Missouri Court of Appeals · 1910
- McVey v. BarkerMissouri Court of Appeals · 1902