Thomas v. Thomas

Decided October 15, 1876

Supreme Court of Missouri · decided 1876-10-15

<p>I. Divorce — Decree in motion to set aside — Record.—The Supreme Court will not examine an appeal from a decree in a divorce suit where the record fails to show that a motion to set aside the decree was disposed of.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1876-10-15

How this case has been cited

Cited by 8 later decisions — most recently January 1953

8 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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Hough, Judge,

¶1delivered the opinion of the court.

¶2This was a suit for divorce, instituted in the Joplin court of common pleas. At the June term, 1874, a decree of divorce a vinculo matrimonii was rendered in favor of the complainant, and at the same term the defendant filed a motion to set that decree aside. It does not appear from the record that this motion was ever disposed of. The present writ of error seems to have been sued out prematurely.

¶3Until the motion to set aside the decree was overruled by the court there was no judgment from which an appeal could be taken, or which could be reviewed on writ of error.

¶4The writ must therefore be dismissed.

All the judges concur.