Dale v. Copple

Decision Date31 August 1873
Citation53 Mo. 321
PartiesWILLIAM DALE, Respondent, v. FRANK COPPLE, et al., Appellants.
CourtMissouri Supreme Court

Appeal from Livingston Circuit Court.

Broadus & Pollard, for Appellants.

John E. Wait, for Respondent.

SHERWOOD, Judge, delivered the opinion of the court.

This was an action of trespass for cutting down the timber of plaintiff, William Dale; brought by him against the road overseer, William H. Anderson, and a number of other defendants. The record shows that a verdict was returned for the plaintiff, in the usual form, and then this language is used: “Whereupon, the court ordered judgment to be entered accordingly.” But no judgment is actually entered, and therefore the appeal must be dismissed.

Judges Adams and Vories concur; Judges Wagner and Napton absent.

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23 cases
  • Norvell v. Schupbach
    • United States
    • Missouri Court of Appeals
    • 6 d2 Fevereiro d2 1945
    ...to appeal from. Arcadia Timber Co. v. Evans, 304 Mo. 674, 264 S. W. 810; Hays v. Dow, Mo.App., 166 S.W. 2d 309, loc. cit. 312, 313; Dale v. Copple, 53 Mo. 321. When the case was called for trial on the merits plaintiff's counsel asked leave to amend the first count of the statement so as to......
  • State v. Latham
    • United States
    • Missouri Supreme Court
    • 21 d2 Fevereiro d2 1939
    ... ... taken, appellant never having been granted allocution and no ... judgment and sentence having ever been passed. Dale v ... Copple, 53 Mo. 321; Johnson v. McFall, 61 Mo. 413 ...          Roy ... McKittrick, Attorney General, and Wm. Orr ... Sawyers, ... ...
  • Lyons & Reesman v. Rollinson
    • United States
    • Kansas Court of Appeals
    • 20 d1 Junho d1 1904
    ... ... lie. Sperling v. Stubblefield, 83 Mo.App. 266; ... Silvey v. Sumner, 51 Mo. 199; Dale v ... Copple, 53 Mo. 321; In re Spencer, 61 Mo. 375; ... Price v. Brown, 63 Mo. 347; State v. Wymer, ... 79 Mo. 277; R. S. 1899, sec. 806; Young ... ...
  • Norvell v. Schupbach
    • United States
    • Missouri Court of Appeals
    • 6 d2 Fevereiro d2 1945
    ...to appeal from. Arcadia Timber Co. v. Evans, 304 Mo. 674, 264 S.W. 810; Hays v. Dow, Mo.App., 166 S.W.2d 309, loc. cit. 312, 313; Dale v. Copple, 53 Mo. 321. the case was called for trial on the merits plaintiff's counsel asked leave to amend the first count of the statement so as to includ......
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