Supreme Court of Missouri, 1860

Marguard v. Rieter

Marguard v. Rieter
Supreme Court of Missouri · Decided March 15, 1860 · Napton
30 Mo. 248
Marguard v. Rieter

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Opinion of the Court

Napton, Judge,

delivered the opinion of the court.

We have not been able to perceive in the record any reason for refusing the defendant a trial in this case by the circuit court, but it is obvious that we can not remedy the injustice, if any has been done. Since the rendition of the j-udgment the plaintiff has died, and to set aside the judgment now is of course equivalent to a dismissal of the suit.

Judgment affirmed.

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