Allen v. Cowan

Missouri Court of Appeals

Allen v. Cowan

30 Mo. App. 1, 1888 Mo. App. LEXIS 223

CourtMissouri Court of Appeals

DecidedMarch 13, 1888

StatusPublished

Cited by4 cases

This text of 30 Mo. App. 1 (Allen v. Cowan) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Cowan, 30 Mo. App. 1, 1888 Mo. App. LEXIS 223 (Mo. Ct. App. 1888).

Pincite

Opinion

Thompson, J.,

delivered the opinion of the court.

This action is brought against the county of Phelps and the clerk of the circuit court of said county. The parties defendant entered an appearance, and, on a demurrer to the petition, filed by each defendant, an overruling of the same, and a refusal of the defendants to plead further, the court rendered a decree awarding-substantial relief against the defendant Cowan, and generally for costs, from which both defendants prosecute this writ of error. The county is a substantial party to this action ; its rights are necessarily concluded by the judgment; it joins in the prosecution of this writ of error. We hence have no jurisdiction of the cause (Const., art. 6, sec. 12; amendment of 1883, sec. 5), and must, therefore, transfer it to the Supreme Court, under the act of March 18, 1885. Laws 1885, p. 121. It is so ordered.

Judge Rombauer concurs.

Free access — add to your briefcase to read the full text and ask questions with AI

Thompson, J.,

delivered the opinion of the court.

This action is brought against the county of Phelps and the clerk of the circuit court of said county. The parties defendant entered an appearance, and, on a demurrer to the petition, filed by each defendant, an overruling of the same, and a refusal of the defendants to plead further, the court rendered a decree awarding-substantial relief against the defendant Cowan, and generally for costs, from which both defendants prosecute this writ of error. The county is a substantial party to this action ; its rights are necessarily concluded by the judgment; it joins in the prosecution of this writ of error. We hence have no jurisdiction of the cause (Const., art. 6, sec. 12; amendment of 1883, sec. 5), and must, therefore, transfer it to the Supreme Court, under the act of March 18, 1885. Laws 1885, p. 121. It is so ordered.

Judge Rombauer concurs.

Cite This Page — Counsel Stack

Bluebook (online)

30 Mo. App. 1, 1888 Mo. App. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-cowan-moctapp-1888.

Opinion

Related

Cite This Page — Counsel Stack