Orvis v. Elliott
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The alleged judgment of the circuit court of June 0, 1892, purporting to bar interpleader, was not a “final” judgment in law, but an interlocutory order. Interpleader’s rights to his money in the custody of garnishee, have never been adjudicated by due process of law; and inter-pleader’s motion to set aside the judgment of the court below reinstating such order in bar was erroneously denied.
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Appeal from Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The alleged judgment of the circuit court of June 0, 1892, purporting to bar interpleader, was not a “final” judgment in law, but an interlocutory order. Interpleader’s rights to his money in the custody of garnishee, have never been adjudicated by due process of law; and inter-pleader’s motion to set aside the judgment of the court below reinstating such order in bar was erroneously denied. Tanner v. Irwin, 1 Mo. 66; Dieckhart v. Rutgers, 45 Mo. 135; Astor v. Chambers, 1 Mo. 192; Strickler v. Tracy, 66 Mo. 465; Railroad v.…
1Opinion of the CourtBrace, P. J.
— From a judgment of the Jackson county circuit court in this case, the respondent took an appeal to the Kansas City Court of Appeals. At the October term, 1895, of said court of appeals, the judgment of the circuit court was reversed, and the cause remanded with directions to the circuit court to reinstate its judgment against the interpleader rendered at the April term (1892) thereof. [Orvis v. Elliott, 65 Mo. App. 96, where a full statement of the case may be found.] At the April term, 1896, of the circuit court, in pursuance of the mandate of the court of appeals, the circuit entered an…
2Cases cited1 opinion
- Orvis v. ElliottMissouri Court of Appeals · 1896
3Cited by1 opinion
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1927