White v. Johnson

• Decision Date: 01 December 1947
• Docket Number: 20948
• Citation: White v. Johnson, 206 S.W.2d 577 (Kan. App. 1947)
• Parties: WHITE v. JOHNSON
• Court: Kansas Court of Appeals

206 S.W.2d 577

WHITE v. JOHNSON

No. 20948

Court of Appeals of Missouri, Kansas City

December 1, 1947

John V Goodson, of Macon for appellant.

Waldo Edwards and D. L. Dempsey, both of Macon, for respondent.

OPINION

BLAND

This is an action for damages for personal injuries and to an automobile. At the close of plaintiff's evidence the court sustained the defendant's motion for a directed verdict. Plaintiff filed a motion for a new trial, which was overruled, resulting in a verdict for defendant. His notice of appeal recites that the appeal is taken from the order of the court overruling plaintiff's motion for a new trial. Defendant has filed a motion to dismiss the appeal on the ground, among others, that the appeal was not taken from a final judgment and this court has no jurisdiction. This contention cannot be sustained.

In the case of Weller v. Hayes Truck Lines, 355 Mo. 695 197 S.W.2d 657, it was held that where there has been a final judgment rendered in the case and the appeal is taken literally, from the order of the court overruling the motion for a new trial, it will be considered that the appeal was intended to be taken from the judgment and that it will be so treated. The court holding that it is the intent of the new code to sustain an appeal which is actually an attempt in good faith to appeal from a final judgment even though some other order is inadvertently designated in the notice of appeal.

Respondent also calls our attention to the fact that appellant's brief does not contain a fair and concise statement of the facts in the case. The statement recites that the action is the result of a collision between two automobiles occurring at the intersection of Vine and Rutherford Streets, in the City of Macon; that 'all of plaintiff's testimony shows that the defendant was traveling at a high and...