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Garesché v. Emerson

Garesché v. Emerson, 31 Mo. 258 (1860)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1860
Judges
Other, Scott
Citations
31 Mo. 258
Cited by 4
Headnotes
1. Where a judgment is entered against the defendant, and afterwards the court on motion arrested the judgment, but no final judgment was entered after the motion in arrest was sustained, the case is still pending in the court below, and an appeal, being prematurely taken, will be dismissed.
Summary
Appeal from St. Louis Law Commissioner’s Court.

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

Opinion of the Court — Scott

Text extracted by OCR from a scanned original; check the original for exact wording.

Scott, Judge,

delivered the opinion of the court.

This was a suit on a note. There was a judgment against the ■ defendants. Afterwards the court on motion arrested the judgment, but no final judgment was entered after the motion in arrest was sustained. The case then is still pending in the court below, and this appeal was prematurely taken.

The other judges concurring,

the appeal is dismissed.

How later courts describe this case

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

Cited by 4 cases

View all citing references →
1873–1874: 11877–1878: 11905–1906: 11933–1934: 118732026peak 1873 · 1

Relies on it most ⓘ

  1. Stephens v. D. M. Oberman Manufacturing Co.70 S.W.2d 899 (Mo. 1934)
  2. Bowie v. City of Kansas51 Mo. 454 (1873)
  3. State ex rel. Merrill v. Burns66 Mo. 227 (1877)
  4. State ex rel. Wabash Railroad v. Ryan90 S.W. 418 (Mo. Ct. App. 1905)

Most recent

  1. Stephens v. D. M. Oberman Manufacturing Co.70 S.W.2d 899 (Mo. 1934)
  2. State ex rel. Wabash Railroad v. Ryan90 S.W. 418 (Mo. Ct. App. 1905)
  3. State ex rel. Merrill v. Burns66 Mo. 227 (1877)
  4. Bowie v. City of Kansas51 Mo. 454 (1873)

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 0

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