George v. Craig
| Decision Date | 30 September 1840 |
| Citation | George v. Craig, 6 Mo. 648 (Mo. 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...
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5 cases
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Taylor v. Sweet
...Rowley v. Van Benthuysen, 16 Wend. 379; E. & H. R. R. Co. v. Varnum, 10 Ohio St., 622; C.S. & C. R. R. Co. v. Sloan, 31 Ohio St. 1; George v. Craig, 6 Mo. 648: 1 150. Norris & Uhl for defendant, argued that the order was final and appealable, and cited Hammond v. Place, Har. Ch., 439; Mich.......
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Greeley v. The Missouri Pacific Railway Company
...suit, and directs them to be placed in the custody of the court, namely, in the care of the receiver. But under the decision in George v. Craig (1840), 6 Mo. 648, order is merely incidental to the main suit, and is not a final judgment. In many states rulings on this subject are affected by......
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Greeley v. Missouri Pac. Ry. Co.
...suit, and directs them to be placed in the custody of the court; namely, in the care of the receiver. But under the decision in George v. Craig (1840) 6 Mo. 648, that order is merely incidental to the main suit, and is not a final judgment. In many states rulings on the subject are affected......
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The State ex rel. People's Railway Company v. Talty
... ... An ... incidental order in a case pending before the court is not a ... judgment from which an appeal will lie. George v ... Craig, 6 Mo. 648. (4) Under the statutes (Session Acts ... 1895, page 91), the right of appeal lies only in favor of a ... party who is ... ...
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