51 Mo. 295 | Mo. | 1873
delivered the opinion of the court.
This was a proceeding commenced in the Probate Court of Barton County, to establish a demand against the estate of George E. Ward, deceased. That court refused to allow the demand, and the plaintiff appealed to the Circuit Court, where the case was tried by the court, by consent of parties, and the court found for the plaintiff the sum of twenty-three hundred and eighty dollars debt, and the further sum of fifteen hundred and twenty-nine dollars and eighty-six cents for damages, and without rendering any final or formal judgment on this finding. The court assuming this finding to be a judgment ordered it to be certified to the Probate Court for classification, and payment out of the assets of said estate.
During the progress of the proceedings, the defendant moved the court to dismiss the proceedings on the alleged ground that there was not a proper party plaintiff, which motion was overruled, and an exception saved, and the defendant also filed amotion in arrest for the same reason and for the reason also,
I see no error on this point. I have said this much to indicate what my opinion would have been if there had been a final judgment rendered. Put there was only a finding of the amount due, and no final judgment rendered. A final judgment may still be entered on the finding of the court, and until that is done no appeal lies to this court and for that reason, the appeal will be dismissed.
Appeal dismissed.