Supreme Court of Missouri, 1891

Macke v. Byrd

Macke v. Byrd
Supreme Court of Missouri · Decided October 15, 1891 · Baeclay, Brace
109 Mo. 487
Macke v. Byrd

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Opinion of the Court

Brace, J.

This is a proceeding to reassign and admeasure a homestead in order to subject the excess resulting from an increase of value to the payment of a judgment. Issue was joined and tried upon the right of the plaintiff to have such reassignment, and found for the plaintiff; and thereupon commissioners were appointed to reappraise and admeasure the same. From this interlocutory judgment this appeal is prosecuted.

As a final judgment has not yet been rendered in the case, but the same is still pending, in the circuit court, the appeal is premature and must be dismissed; it is accordingly so ordered.

- All concur, except Baeclay, J., absent.

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