Young v. Stonebreaker

• Decision Date: 31 October 1862
• Citation: 33 Mo. 117
• Parties: WILLIAM YOUNG, ADMINISTRATOR, Appellant, v. G. W. STONEBREAKER et al., Respondents.
• Court: Missouri Supreme Court

33 Mo. 117

WILLIAM YOUNG, ADMINISTRATOR, Appellant,

v.G. W. STONEBREAKER et al., Respondents.

Supreme Court of Missouri.

October Term, 1862.

Appeal from Lincoln Circuit Court.

T. R. Cornick, for appellant.

The respondents moved to dismiss the appeal because there is no final judgment or decision of the court below from which an appeal will lie.

The judgment of the court below was as follows:

Now here comes said parties by their attorneys, and said defendant's attorney files his demurrer to the amended petition, and, on argument of counsel, said demurrer is sustained. It is therefore considered by the court that said defendant have and recover of William Young, administrator of Nancy B. Jackson, deceased, the costs and charges in this behalf incurred, to be taxed according to law, and that execution issue therefor.^a1McKee & Broadhead, for respondents.

BATES, Judge, delivered the opinion of the court.

There is no final judgment in this case and therefore no appeal.

Appeal dismissed;

the other judges concur.

a1. If the plaintiff chose to stand upon the petition the final judgment would have been, “It is therefore considered by the court that said plaintiff take nothing by his suit, and that said defendant go thereof without day, and that said defendant,” &c.