Missouri Court of Appeals, 1894

Boyle v. Clarke

Missouri Court of Appeals · Decided November 5, 1894 · Ellison

59 Mo. App. 187; 1894 Mo. App. LEXIS 421

Cases that cite this one

2 later published cases cite this decision.

State Ex Rel. Fowler v. Calvird (Mo. Ct. App. 1936)
American Surety Co. v. Haynes (Mo. Ct. App. 1907)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Ellison, J.

In this case there is only a judgment for costs rendered on the continuance of the cause by the trial court. A motion to retax was filed by defend*188ant and overruled, whereupon he appealed to this court. There is not to be found in the record any final judgment in the cause and we are riot advised whether the case has ever been disposed of. It is settled by a long line of decisions in this state that a judgment for costs will not support an appeal. Conn v. Ferree, 60 Mo. 17; Boggess v. Cox, 48 Mo. 278; Evans v. Russel, 61 Mo. 37.

Many others might be cited to the same effect. The case should have been finally disposed of, otherwise we may have many appeals on as many different parts of the same case.

The appeal will be dismissed.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.