Crockett v. Lewis

Decision Date31 October 1877
Citation66 Mo. 671
PartiesCROCKETT et al., Plaintiffs in Error, v. LEWIS.
CourtMissouri Supreme Court

Error to Putnam Circuit Court.--HON. JOHN W. HENRY, Judge

A. W. Mullins with A. J. Hoskinson for plaintiffs in error.

C. L. Dobson for defendant in error.

NORTON, J.

The record in this case shows no final judgment from which a writ of error can be prosecuted. It shows that the jury retired, and after a short time returned into court their verdict as follows: “Non Suit.” “It is therefore considered by the court that the defendant do have and recover against the plaintiffs his costs in this suit laid out and expended, and that he have thereof execution.” The writ of error will, with the concurrence of the other judges, therefore be dismissed under the authority of Boggess v. Cox, 48 Mo. 278.

DISMISSED.

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10 cases
  • State ex rel. Mary Frances Realty Company v. Homer
    • United States
    • Missouri Court of Appeals
    • July 12, 1910
    ...Bick v. Umstattd, 137 Mo.App. 270; Cooper Wagon Co. v. Cornell, 131 Mo.App. 344; Lyons and Reesman v. Rollinson, 109 Mo.App. 68; Crockett v. Lewis, 66 Mo. 671; State to use Newton, 26 Mo.App. 11; Moran v. Plankington, 53 Mo. 243; Bick v. Seal, 39 Mo.App. 567; Dale v. Wright, 57 Mo. 110; Sch......
  • Lyons & Reesman v. Rollinson
    • United States
    • Kansas Court of Appeals
    • June 20, 1904
    ... ... execution." In the preceding case, as well as in those ... of Evans v. Russell, 61 Mo. 37; State v ... Newton, 26 Mo.App. 11, and Crockett v. Lewis, ... 66 Mo. 671, it was held that a judgment against the plaintiff ... for costs and that he have thereof execution was not a final ... ...
  • Lyons v. Rollinson
    • United States
    • Missouri Court of Appeals
    • June 20, 1904
    ...In the preceding case as well as in that of Evans v. Russell, 61 Mo. 37, State, to Use of Love, v. Newton, 26 Mo. App. 11, and Crockett v. Lewis, 66 Mo. 671, it was held that a judgment against the plaintiff for costs and that he have thereof execution was not a final judgment from which an......
  • A. A. Cooper Wagon & Buggy Co. v. Cornell
    • United States
    • Missouri Court of Appeals
    • June 8, 1908
    ...85 Mo. 237, 244. The judgment as entered will not support an appeal. Boggess v. Cox, 48 Mo. 278; Conn v. Ferree, 60 Mo. 17; Crockett v. Lewis, 66 Mo. 671; Lyons v. Rollinson, 109 Mo. App. 68, 82 S. W. The appeal is dismissed. All concur. ...
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