Schmelzer v. Central Furniture Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Hugo Muench, Judge. (1) “If the merits of the case are adjudicated and passed upon, a judgment of reversal is final; if not, it is not necessarily final.” Strottman v. Railroad, 228 Mo. 154; Abbott v. Railroad, 232 Mo. 616; G-ragg v. Insurance Co., 140 Mo. App. 685. The judgment of reversal in the husband’s case was invalid, because at that time he was dead and human tribunals have no jurisdiction over the dead.
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Appeal from St. Louis City Circuit Court. — Eon. Hugo Muench, Judge. (1) “If the merits of the case are adjudicated and passed upon, a judgment of reversal is final; if not, it is not necessarily final.” Strottman v. Railroad, 228 Mo. 154; Abbott v. Railroad, 232 Mo. 616; G-ragg v. Insurance Co., 140 Mo. App. 685. The judgment of reversal in the husband’s case was invalid, because at that time he was dead and human tribunals have no jurisdiction over the dead. Death stops further proceedings until the cause is revived. Murphy v. Redmond, 46 Mo. 317; Gamble v. Daugherty, 71 'Mo. 599; Crawford…
1Opinion of the CourtBbown, P. J.
Action for damages caused by the alleged wrongful death of plaintiff’s husband. From a judgment for defendant, plaintiff appeals.
On December 1, 1906, Frank Schmelzer, plaintiff’s husband, was employed by defendant to pile *16lumber and perform other labor in and about tbe yard of defendant’s furniture factory in tbe city of St. Louis.
Defendant, being engaged in remodeling and repairing tbe fourth story of its factory found some shelving or boards which were unfit for further use, and caused one of its employees to throw said boards out of the windows of said factory. One of tbe boards thus…
2Cases cited8 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
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3Cited by5 opinions
- Simmons First National Bank v. AbbottSupreme Court of Arkansas · 1986
- Kessinger v. Grefco, Inc.Appellate Court of Illinois · 1993
- State ex rel. Carr v. CaruthersMissouri Court of Appeals · 1954
- Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United StatesCourt of Appeals for the Ninth Circuit · 1992