Emmerson v. Harriet
This text of 11 Mo. 413 (Emmerson v. Harriet) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the Court
This is an action to try the right of Harriet to her freedom. There was a verdict for the defendant. Afterwards, a motion for a new trial was made and sustained. An exception was taken by the defendant to the granting of the motion, which being overruled she has brought the cause here by writ of error.
From the foregoing statement of facts, it is clear, that there is no final judgment, upon which a writ of error can only lie. The cause is still pending in the court below. Moreover, the case of Helm vs. Bassett, 9 Mo. R., 52, settles the point that the granting of a new trial cannot be assigned for error.
the writ will be dismissed.
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11 Mo. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmerson-v-harriet-mo-1848.