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Pearce v. McClanahan

Samuel D. Pearce, in Error v. A. W. McClanahan, in Error

Pearce v. McClanahan, 50 Mo. 267 (1872)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
July 15, 1872
Judges
Adams, Other
Citations
50 Mo. 267
Headnotes
1.. Practice, civil — Motion to strike out — Final judgment. — The action of the • Circuit Court in sustaining a motion to strike out plaintiff’s petition, is not a final judgment from which a writ of error lies.
Summary
Error to Bates Circuit 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 — Adams

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

Adams, Judge,

delivered the opinion of the court.

This was an action by attachment. After commencing their suit plaintiffs filed an amended.petition, and the defendant filed a motion to strike it out, which motion was sustained and a bill of exceptions filed. The defendants have filed a motion to dismiss the writ of error, because there was no final judgment. The action of the Circuit Court in sustaining the motion to strike out was not a final judgment from which a writ of error lies.

The writ of error is dismissed.

The other judges concur.

How later courts describe this case

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

1883–1884: 11911–1912: 11929–1930: 11967–1968: 118832026peak 1883 · 1

Relies on it most ⓘ

  1. Nordquist v. the Amourdale State Bk.19 S.W.2d 553 (Mo. Ct. App. 1929)
  2. Morrison v. Estate of Martin427 S.W.2d 783 (Mo. Ct. App. 1968)
  3. State v. Wymer79 Mo. 277 (1883)
  4. Dixon v. St. Louis Transit Co.146 S.W. 1179 (Mo. Ct. App. 1912)

Most recent

  1. Morrison v. Estate of Martin427 S.W.2d 783 (Mo. Ct. App. 1968)
  2. Nordquist v. the Amourdale State Bk.19 S.W.2d 553 (Mo. Ct. App. 1929)
  3. Dixon v. St. Louis Transit Co.146 S.W. 1179 (Mo. Ct. App. 1912)
  4. State v. Wymer79 Mo. 277 (1883)

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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