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STATE v. SMITH

No. 45442.

303 S.W.2d 120 (1957)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Respondent, v. Grace D. SMITH, Paul Hamilton Realty Company, O. S. Pulliam, Trustee, and Mid-West Records, Inc., Appellants.

Supreme Court of Missouri. Division No. 2.

June 10, 1957.

Attorney(s) appearing for the Case

Clifford B. Smith, Kansas City, for appellants.

Robert L. Hyder, Minor C. Livesay, Jefferson City, for respondent.

BOHLING, Commissioner.

The relator (respondent here) presents the issue that this appeal by defendants (appellants here) should be dismissed, because there is no final judgment in the case upon which to base an appeal. The issue is for consideration whether raised or not. Deeds v. Foster, Mo., 235 S.W.2d 262 [1]. Relator's point is well taken. We have jurisdiction by reason of the amount in dispute.

On June 23, 1955, the...

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