Supreme Court of Missouri, 1871

Preston v. Missouri & Pennsylvania Lead Co.

Supreme Court of Missouri · Decided October 15, 1871 · Other, Wasner

48 Mo. 541

Cases that cite this one

1 later published case cites this decision.

Neyens v. Flesher (Ind. Ct. App. 1907)

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Opinion of the Court

Wasner, Judge,

delivered the opinion of the court.

The record in this case shows no final judgment in the court, below. The plaintiff, under certain rulings of-the court, took a nonsuit with leave to move to set the same aside, and the only *542entry of judgment is : “Therefore it is considered by the court that the said defendant have and recover of - the said plaintiff its costs in this behalf expended, .-and that- execution issue therefor.” This is .simply a judgment for-costs,- and: w-ill-.not -support an appeal or writ of.error. (Bogges v. Cox, ante, 278.)

Lét-the writ he dismissed.

The other judges concur.-

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