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59 Mo. App. 187

Boyle v. Clarke

Missouri Court of Appeals

Decided November 5, 1894

Missouri Court of Appeals · decided 1894-11-05

—Hon. Henry M. Ramey, Judge. (1) The court erred in continuing the cause at the cost of defendants. R. S. 1889, sec. 2128; Colhoun v. Crawford, 50 Mo. 458; Keltenbaugh v. Railroad, 34 Mo. App. 147. (2) The court erred in overruling defendants’ motion to retax costs. Pierson v. Railroad, 18 Mo. App. 439; Shed v. Railroad, 67 Mo. 687; Authorities, supra.

Cited by 2 later decisions — most recently May 1936

2 state decisions

Relies on Boggess v. Cox · Evans v. Russell · Conn v. Ferree

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1894-11-05

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Ellison, J.

¶1In this case there is only a judgment for costs rendered on the continuance of the cause by the trial court. A motion to retax was filed by defend*188ant and overruled, whereupon he appealed to this court. There is not to be found in the record any final judgment in the cause and we are riot advised whether the case has ever been disposed of. It is settled by a long line of decisions in this state that a judgment for costs will not support an appeal. Conn v. Ferree, 60 Mo. 17; Boggess v. Cox, 48 Mo. 278; Evans v. Russel, 61 Mo. 37.

¶2Many others might be cited to the same effect. The case should have been finally disposed of, otherwise we may have many appeals on as many different parts of the same case.

¶3The appeal will be dismissed.

All concur.
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