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109 Mo. 487

Macke v. Byrd

Supreme Court of Missouri

Decided October 15, 1891

Supreme Court of Missouri · decided 1891-10-15

<p>Appeal: FINAL judgment. A judgment appointing commissioners to appraise and admeasure a homestead is not a final one, and an appeal therefrom will not lie.</p>

Cited by 2 later decisions — most recently November 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1891-10-15

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Brace, J.

¶1This 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.

¶2As 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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