Campbell v. City of Stanberry
| Decision Date | 07 April 1902 |
| Citation | 68 S.W. 587 |
| Parties | CAMPBELL v. CITY OF STANBERRY.<SMALL><SUP>1</SUP></SMALL> |
| Court | Missouri Court of Appeals |
Appeal from circuit court, Gentry county; Gallatin Craig, Judge.
Action by Nellie Campbell against the city of Stanberry. Judgment for plaintiff, and defendant appeals. Dismissed.
Aleshire & Benson, for appellant. Peery & Lyons, J. L. McCullough, and J. C. Wilson, for respondent.
The respondent contends that, as there is no final judgment as shown by the appellant's abstract, the appeal should be dismissed. It appears from the appellant's abstract that there was a trial before a jury and verdict for the respondent; that a motion for new trial was filed, which was overruled by the court; and that within four days appellant filed a motion to arrest the judgment. But it is nowhere stated in the abstract that a judgment was rendered, and there is no allusion to a judgment, other than that a motion in arrest was filed, overruled, and the action of the court in that respect excepted to. It is well settled that an appeal lies only from a final judgment (Holloway v. Holloway, 97 Mo. 639, 11 S. W. 233, 10 Am. St. Rep. 339), and the abstract should show such a judgment (Mills v. McDaniels, 59 Mo. App. 331). It follows, therefore, that the appeal should be dismissed, which is accordingly done. All concur.
1. Rehearing denied June 2, 1902.
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Campbell v. City of Stanberry
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