Pearce v. McClanahan

Decided July 15, 1872

Supreme Court of Missouri · decided 1872-07-15

<p>1.. Practice, civil — Motion to strike out — Final judgment. — The action of the • Circuit Court in sustaining a motion to strike out plaintiff’s petition, is not a final judgment from which a writ of error lies.</p>

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Decided 1872-07-15

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Cited by 3 later decisions — most recently April 1968

3 state decisions

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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Adams, Judge,

¶1delivered the opinion of the court.

¶2This was an action by attachment. After commencing their suit plaintiffs filed an amended.petition, and the defendant filed a motion to strike it out, which motion was sustained and a bill of exceptions filed. The defendants have filed a motion to dismiss the writ of error, because there was no final judgment. The action of the Circuit Court in sustaining the motion to strike out was not a final judgment from which a writ of error lies.

¶3The writ of error is dismissed.

The other judges concur.