State ex rel. Lynch v. Taylor
Missouri Court of Appeals
Prohibition. Original Proceeding. (1) In the first place, it must he remembered that this is not a default judgment. In contemplation of law Harkins was in court at the time the judgment of the justice was affirmed. Sec. 7568, R. S. 1907. For this reason, the section of the statute upon which the respondent relies has absolutely no application. Sec. 2102, R. S. 1909, has application only to judgments by default. Blunt v. Railroad, 55 Mo. 157; Rice v. Railroad, 30 Mo.
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Prohibition. Original Proceeding. (1) In the first place, it must he remembered that this is not a default judgment. In contemplation of law Harkins was in court at the time the judgment of the justice was affirmed. Sec. 7568, R. S. 1907. For this reason, the section of the statute upon which the respondent relies has absolutely no application. Sec. 2102, R. S. 1909, has application only to judgments by default. Blunt v. Railroad, 55 Mo. 157; Rice v. Railroad, 30 Mo. App. 110; Eubank v. Pope, 27 Mo. App. 463; Meyer v. Ins. Co., 92 Mo. App. 398. (2) It is law in this State that an appeal from…
1Opinion of the CourtReynolds, P. J.
On application of Harry P. Lynch, an alternative writ of prohibition issued out of this court, addressed to the Honorable Wilson A. Taylor, one of the judges of the circuit court of the city of St. Louis, presiding in division number 7 thereof, commanding him, pending the determination of the cause in our court on the application for prohibition, that he proceed no further with and take no further steps in the case then pending in his court in which one J. R. Harkins, doing business under the style and firm name of J. R. Harkins Agency Company, is plaintiff and the above named Harry P. Lynch…
2Cases cited8 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Harkness v. JarvisSupreme Court of Missouri · 1904
- Chandler v. GloydSupreme Court of Missouri · 1909
- Mount Vernon Bank v. PorterSupreme Court of Missouri · 1899
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3Cited by4 opinions
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
- Dower v. ConradMissouri Court of Appeals · 1921
- Sterling v. Parker-Washington Co.Missouri Court of Appeals · 1914
- Thaler v. NiedermeyerMissouri Court of Appeals · 1914