Supreme Court of Missouri, 1842

State v. Pepper

State v. Pepper
Supreme Court of Missouri · Decided May 15, 1842
7 Mo. 348
State v. Pepper

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Opinion of the Court, delivered by

Scott, Judge.

A scire facias was issued against Pepper, and bail, on a forfeited recognizance. The parties appeared, and demurred to the scire facias. The demurrer was sustained, and the cause is brought here by the State.

A motion was made to dismiss the appeal, because it appears from the record,- that no final judgment has been entered in the cause. This motion must prevail. It appears from an inspection of the record, that the court simply gave a judgment sustaining the demurrer to the scire facias. No further entry is made in the cause. The suit, then, is still pending in the court belo-w, and this appeal is improvident! y brought here.

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