George v. Craig
| Decision Date | 30 September 1840 |
| Parties | GEORGE, A MAN OF COLOR, v. CRAIG, IMPLEADED WITH NEALY. |
| Court | Missouri Supreme Court |
ERROR TO THE CIRCUIT COURT OF CAPE GIRARDEAU COUNTY.
The record in this case shows that in September, 1838, the plaintiff, George, filed his petition in the Circuit Court of Cape Girardeau county, with a view to institute a suit for the recovery of his freedom. The suit was accordingly brought by leave of the court in forma pauperis, and in pursuance of the 8th section of the act “to enable persons held in slavery to sue for their freedom,” the court directed the petitioner to be hired out by the sheriff. At the February term, 1840, on the application of the defendant, the court ordered the proceeds of the hire accruing from September, 1838, to November, 1839, to be paid over to defendant. From this decision of the court the plaintiff appealed. This court is of opinion that the decision of the Circuit Court on the collateral point saved by the bill of exceptions, must be considered incidental to the main suit which is yet undetermined. It is not, therefore, such a final judgment as will authorize an appeal.(a) The appeal is, therefore, dismissed.
(a). Nor will an appeal lie from the refusal of a court to allow a party to become a co-defendant--Roberts et al. v. Patton, 18 Mo. R. 485. See State v. Pepper, 7 Mo. R. 348.
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