TaiLexi AI U.S. Case Law

Moran v. Plankinton

John Moran v. John Plankinton

Moran v. Plankinton, 53 Mo. 243 (1873)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Missouri · State Highest Courts
Decided
July 15, 1873
Judges
Adams, Other, Sherwood
Citations
53 Mo. 243
Headnotes
1. Judgment, final — Appeal.—A judgment for defendant, which is merely one for costs, is not a final one, and will not authorize an appeal.
Summary
Appeal from Jaclespn Circuit Cpurt.

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

Opinion of the Court — Sherwood

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

Sherwood, Judge,

delivered the opinion of the court.

' This case comes here by appeal from the Jackson Circuit Court, but there is no final judgment. It has,been repeatedly decided by this-court, that a final judgment in favor of a defendant should conclude in this way :

“ It is therefore considered by the court, that the plaintiff take nothing by his writ, that the defendant be discharged and go hence without delay, and have and recover of and from said plaintiff his costs in this behalf expended, and have hereof execution.” The only judgment in this record, is one for costs.

Appeal dismissed.

Judge Adams absent; the other Judges concur.

How later courts describe this case

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

1904: 11912: 119042026peak 1904 · 1

Relies on it most ⓘ

  1. Reesman v. Rollinson82 S.W. 646 (Mo. Ct. App. 1904)
  2. Freeman v. McCrite147 S.W. 1102 (Mo. Ct. App. 1912)

Most recent

  1. Freeman v. McCrite147 S.W. 1102 (Mo. Ct. App. 1912)
  2. Reesman v. Rollinson82 S.W. 646 (Mo. Ct. App. 1904)

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

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list