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Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 227

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 227


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...to statutes ordaining that there should be only one final judgment in a cause, we have ruled that final disposition must be made below as to all the defendants so that when the cause comes up it comes here as an entirety and not be left partly below. Defendants rely on cases of that character. Rock Island Implement Co. v. Marr, 168 Mo. 252; Baker v, St, Louis, 227 Sup--28. Johnson v. Railroad. 189 Mo. 375. Those were cases in which all the defendants were actually served with process. Nothing we have said militates against anything resolved in those cases. Here there was a final disposition as to those defendants brought in as well as those kept out. We know of no rule of code practice requiring the final judgment itself to show the final disposition made of the case as to each and every defendant. The record may show, as here, that the case was disposed of as to some by interlocutory rulings on motions. Nor is it the policy of any benign system of laws to force a litigant to give up any substantive right (for instance, by dismissing as to some defendants) in order that he may appeal--c0ntm, the road up should be left open and as free from obstacles as a reasonable construction of the statutes will permit, the very object of an appeal being to preserve all such substantive rights to him. If we ruled as defendants' counsel argue we would hold that this plaintiff, under circumstances present, could neither go on below nor come up by appeal--a most lame and impotent conclusion arresting his cause midway and practically denying him his day in court. The motions to dismiss and to strike from the docket are overruled. II. Of the demurrer. Plaintiff's counsel put his own estimate on his third amended bill by stating the object and...


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Product Details
  • ISBN-13: 9781230010090
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 278
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1230010092
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 499 gr


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