McCoy v. Simpson
Decision Date | 08 March 1939 |
Docket Number | No. 35905.,35905. |
Citation | 125 S.W.2d 833 |
Parties | MRS LAURA McCOY, Claimant, v. H.G. SIMPSON, Doing Business as SIMPSON OIL COMPANY, Employer; HARDWARE MUTUAL CASUALTY COMPANY, Insurer, Appellant. |
Court | Missouri Supreme Court |
Appeal from Dunklin Circuit Court. — Hon James V. Billings, Judge.
SUBMISSION SET ASIDE AND CAUSE REMANDED TO CIRCUIT COURT (with directions).
Oliver & Oliver for appellants.
Blanton & Montgomery for respondent.
Plaintiff, the widow of Ruskin G. McCoy, deceased, seeks compensation for his death. He was an employee of the defendant H.G. Simpson, doing business as Simpson Oil Company At the time of his death he was traveling in an automobile from Kennett to Sikeston. Claim was filed with the commission, alleging that his death was the result of an accident arising out of and in the course of his employment. The employer and insurer contended that the accident did not arise out of and in the course of the employment. The commission, James, Commissioner, dissenting, found in favor of plaintiff for $9230. The employer and insurer appealed to the circuit court. On a trial in said court the finding also was in favor of plaintiff for said sum, and the employer and insurer appealed to this court.
The certified transcript of a purported judgment and order granting an appeal was filed in this court. The transcript follows:
The record presents the question of this court's appellate jurisdiction. The transcript shows only a decision of the circuit court in words as follows: "Award of commissioners affirmed." The decision is certified from the minute book of the clerk as the judgment in the cause. In other words, there is no final judgment. The rule is stated as follows: "The mere ruling, decision or opinion of the court, no judgment or final order being entered in accordance therewith, does not have the effect of a judgment,...
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Herndon v. Ford
...entered in accordance therewith, does not have the effect of a judgment, and is not reviewable by appeal. . . ." McCoy v. Simpson, 344 Mo. 215, 217, 125 S.W.2d 833, 834(1), and cases there collected. See Koch v. Meacham, 233 Mo.App. 453, 458--459, 121 S.W.2d 279, 281(3); City of St. Louis v......
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Cochran v. DeShazo
...in accordance therewith, does not have the effect of a judgment, and is not reviewable by appeal . . .." McCoy v. Simpson, 344 Mo. 215, 217, 125 S.W.2d 833, 834(1) (1939), and cases there collected. See City of St. Louis v. Pope, 68 S.W.2d 805 (Mo. banc 1934). In the case at bar, the minute......
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...Service Co., Mo.Sup., 100 S. W.2d 535; Elihinger v. Wolf House Furnishing Co., 337 Mo. 9, 85 S.W.2d 11. Plaintiff relies on McCoy v. Simpson, Mo.Sup., 125 S.W.2d 833. That case involved a mere memorandum of the clerk, as follows: "Award of Commissioners affirmed." The memorandum was certifi......
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