Evans v. Russell

Decision Date31 October 1875
Citation61 Mo. 37
PartiesWM. EVANS, et al., Appellants, v. JAS. RUSSELL, et al., Respondents.
CourtMissouri Supreme Court

Appeal from St. Clair County Circuit Court.

C. B. Nelson and G. B. Gantt, for Appellants.

LaDue, Vance & Fyke, for Respondents.

HOUGH, Judge, delivered the opinion of the court.

There is no final judgment in this case. The judgment which appears in the transcript is one for costs only, and is not a final determination of the rights of the parties in this action.

We cannot depart from the previous rulings of this court on this subject, and the appeal must therefore be dismissed.

The other judges concur, except Judge Vories, who is absent.

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13 cases
  • Lafayette-South Side Bank & Trust Co. v. Siefert
    • United States
    • Missouri Court of Appeals
    • July 2, 1929
    ...Spears v. Bond, 79 Mo. 465; Macke v. Byrd, 109 Mo. 487, 19 S.W. 70; Strickler v. Tracey, 66 Mo. 465; Walser v. Haley, 61 Mo. 445; Evans v. Russell, 61 Mo. 37; Nobles v. Spaulding, 51 Mo. 571; Lowe v. Frede, 258 Mo. 208, 167 S.W. 443; City of Plattsburg v. Allen, 84 Mo.App. 432; Rodgers v. K......
  • Neyens v. Flesher
    • United States
    • Indiana Appellate Court
    • January 30, 1907
    ...v. McMaster, 34 Mo. 204;Boggess v. Cox, 48 Mo. 278;Preston v. Missouri, etc., Co., 48 Mo. 541;Zahnd v. Darling, 48 Mo. 557;Evans et al. v. Russell et al., 61 Mo. 37;Adams v. Trigg, 35 Mo. 190;Martindale v. Brown et al., 18 Ind. 284;Wood v. Wood, 51 Ind. 141; Keller v. Jordan, supra. Strictl......
  • Neyens v. Flesher
    • United States
    • Indiana Appellate Court
    • January 30, 1907
    ...Boggess v. Cox (1871), 48 Mo. 278; Preston v. Missouri, etc., Lead Co. (1871), 48 Mo. 541; Zahnd v. Darling (1871), 48 Mo. 557; Evans v. Russell (1875), 61 Mo. 37; Adams v. Trigg (1864), 35 Mo. Martindale v. Brown (1862), 18 Ind. 284; Wood v. Wood (1875), 51 Ind. 141; Keller v. Jordan, supr......
  • Lyons & Reesman v. Rollinson
    • United States
    • Kansas Court of Appeals
    • June 20, 1904
    ...from said plaintiff his costs in this behalf expended and have hereof execution." In the preceding case, as well as in those of Evans v. Russell, 61 Mo. 37; State 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 h......
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