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Bybee v. Maxwell

Alfred Bybee, in Error v. W. R. Maxwell, in Error

Bybee v. Maxwell, 43 Mo. 209 (1869)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
January 15, 1869
Judges
Other, Wagner
Citations
43 Mo. 209
Headnotes
Cause remanded to Ibe Circuit Court for want of final judgment in tiat court.
Summary
Error to First District 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 — Wagner

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

Wagner, Judge,

delivered the opinion of the court.

In this case the Distinct Court reversed the supposed judgment of the Circuit Court and remanded the cause. Upon an examination of the record it appears that at the trial the cause was submitted to the court, and the only entry made was that the court found for the plaintiff. No final judgment was rendered *210 on this finding, and therefore neither appeal nor writ of error would lie.

This was overlooked in the District Court, but its judgment was right, though not for the proper reason, and will be affirmed and the cause remanded back to the Circuit Court in order that the judgment may be perfected.

The other judges concur.

How later courts describe this case

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

1939: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. McCoy v. Simpson125 S.W.2d 833 (Mo. 1939)

Most recent

  1. McCoy v. Simpson125 S.W.2d 833 (Mo. 1939)

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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