Anderson v. Moberly
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. No final judgment is necessary. (8 Mo. 619; State v. Gregory, 88 Mo. 501; State v. Hawkins, 39 Mo, 432 ; Kelsy v. Western, 2 N. Y. 501, and authorities there cited.) II.
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Error to St. Louis Circuit Court. I. No final judgment is necessary. (8 Mo. 619; State v. Gregory, 88 Mo. 501; State v. Hawkins, 39 Mo, 432 ; Kelsy v. Western, 2 N. Y. 501, and authorities there cited.) II. There' wore in the court below two distinct judgments — one for the defendants upon the issue of law raised by the demurrer, that the plaintiff recover no interest, and the other upon the issue of facts, which was for the plaintiff, that he recover the principal of his bond. The appellate court will review those against him, upon his appeal, without noticing those against him to which no…
1Opinion of the CourtOuRRiER, Judge
A final judgment, as defined in the statute, is that which determines finally the rights of the parties to the action, and is the only judgment from which an appeal lies. (Wagn. Stat. 1051, § 1; id. 1059, § 9.) The same rule applies to writs of error. (Id. 1064, § 1.) The appeal or writ of error, to be effective, must operate upon the final judgment itself, and warrant its reversal if ground of reversal be found in the record. But the *193appeal in tbis cause was not taken to reverse tbe final judgment, but to reverse a prior judgment, interlocutory in its character, upon the plaintiff’s demurrer…
2Cited by6 opinions
- Butcher v. TaylorSupreme Court of Kansas · 1877
- Wirt v. DinanMissouri Court of Appeals · 1890
- Wolford v. ScarbroughMissouri Court of Appeals · 1929
- Jones v. EvansSupreme Court of Missouri · 1883
- Kautsch v. DrosteMissouri Court of Appeals · 1900
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