Byers v. Butterfield
| Decision Date | 31 January 1863 |
| Citation | 33 Mo. 376 |
| Parties | WM. BYERS, Appellant, v. JOHN BUTTERFIELD, Respondent. |
| Court | Missouri Supreme Court |
Appeal from Greene Circuit Court.
Lindenbower, for appellant.
Upon the trial of this cause in the court below the plaintiff obtained a judgment, whereupon the defendant, in due time, filed his motion for a new trial, which motion was sustained. The plaintiff then moved to set aside the order of the court granting a new trial, which was overruled. The plaintiff then took a voluntary nonsuit, and now appeals to this court.
The action of the court below in granting a new trial was not a final judgment or decision, and no appeal lies from it.
Let the appeal be dismissed.
The other judges concur.
To continue reading
Request your trial
3 cases
-
Iron Mountain Bank v. Armstrong
... ... order sustaining the motion for new trial can be appealed ... from. State v. Burns, 66 Mo. 227; McDonough v ... Nickerson, 46 Mo. 35; Byers v. Butterfield, 33 ... Mo. 376; State v. Smith, 65 Mo. 467; Boggess v. Cox, ... 48 Mo. 278 ... Ray, J ... Sherwood, J., ... ...
-
Tilford v. Ramsey
...would lie in a case like the present. (3 Code Rep. 72; 4 How. 364; 1 Comst., N. Y., 610, 534, 536; 3 Comst., N. Y., 545; 15 N. Y. 595; 33 Mo. 376.) The cases in New York (independent of this statute of 1857, allowing appeals, etc., from orders granting new trials), which appear somewhat con......
- Rainey v. Edmonson