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31 Mo. 258

Garesché v. Emerson

Supreme Court of Missouri

Decided October 15, 1860

Supreme Court of Missouri · decided 1860-10-15

<p>1. Where a judgment is entered against the defendant, and afterwards the court on motion arrested the judgment, but no final judgment was entered after the motion in arrest was sustained, the case is still pending in the court below, and an appeal, being prematurely taken, will be dismissed.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1860-10-15

How this case has been cited

Cited by 4 later decisions — most recently April 1934

4 state decisions

1018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2This was a suit on a note. There was a judgment against the ■ defendants. Afterwards the court on motion arrested the judgment, but no final judgment was entered after the motion in arrest was sustained. The case then is still pending in the court below, and this appeal was prematurely taken.

The other judges concurring,

¶3the appeal is dismissed.

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