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48 Mo. 289

Phol v. Bunce

Supreme Court of Missouri

Decided July 15, 1871

Supreme Court of Missouri · decided 1871-07-15

<p>1. Practice, civil — Bill of exceptions, judgment must be set out in.— When the bill of exceptions fails to set out the judgment so as to show whether it was absolute or conditional, interlocutory or final, the appeal will be dismissed.</p>

Cited by 1 later decisions — most recently January 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-07-15

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Currier, Judge,

¶1delivered tbe opinion of tbe court.

¶2Tlie record in this cause shows no final judgment. I find a memorandum in tbe bill of exceptions thus: “ Tbe court then rendered judgment in favor of tbe plaintiffbut the judgment itself, if there was one, is not set out, nor is there anything to show whether the supposed judgment was absolute or conditional, interlocutory or final, The defendant’s counsel refers to the supposed judgment as being conditional, but the record shows nothing in relation to the matter.

¶3Writ dismissed.

The other judges concur.
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