Boyle v. Clarke

Wm. Boyle v. Powers Clarke

Boyle v. Clarke, 59 Mo. App. 187 (1894)

Court: Missouri Court of Appeals · State Appellate Courts
Decided: November 5, 1894
Judges: Ellison
Citations: 59 Mo. App. 1871894 Mo. App. LEXIS 421
Disposition: Appeal dismissed.-

Cited by 2

Headnotes

1. Appeals: cost. A judgment for eost will not support an appeal. 2. -: final judgment. The ease should be finally disposed of before an appeal is taken.

Summary

Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) The court erred in continuing the cause at the cost of defendants. R. S. 1889, sec. 2128; Colhoun v. Crawford, 50 Mo. 458; Keltenbaugh v. Railroad, 34 Mo. App. 147. (2) The court erred in overruling defendants’ motion to retax costs. Pierson v. Railroad, 18 Mo. App. 439; Shed v. Railroad, 67 Mo. 687; Authorities, supra. (1) Every presumption will be indulged in favor of the correctness of the action of the trial court in granting and refusing continuances. State v. Gamble, 108 Mo. 500; Blair v. Railroad, 89 Mo. 383; State v. Wilson, 85 Mo. 134.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ellison

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Ellison, J.

In this case there is only a judgment for costs rendered on the continuance of the cause by the trial court. A motion to retax was filed by defend *188 ant and overruled, whereupon he appealed to this court. There is not to be found in the record any final judgment in the cause and we are riot advised whether the case has ever been disposed of. It is settled by a long line of decisions in this state that a judgment for costs will not support an appeal. Conn v. Ferree, 60 Mo. 17 ; Boggess v. Cox, 48 Mo. 278 ; Evans v. Russel, 61 Mo. 37 .

Many others might be cited to the same effect. The case should have been finally disposed of, otherwise we may have many appeals on as many different parts of the same case.

The appeal will be dismissed.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 2 cases

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State Appellate Courts2

Relies on it most ⓘ

State ex rel. Fowler v. Calvird93 S.W.2d 1106 (Mo. Ct. App. 1936)
American Surety Co. v. Haynes101 S.W. 690 (Mo. Ct. App. 1907)

Most recent

State ex rel. Fowler v. Calvird93 S.W.2d 1106 (Mo. Ct. App. 1936)
American Surety Co. v. Haynes101 S.W. 690 (Mo. Ct. App. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Boggess v. Cox, 48 Mo. 278 (1871)	20
	Evans v. Russell, 61 Mo. 37 (1875)	8
	Conn v. Ferree, 60 Mo. 17 (1875)	2

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