State ex rel. Manning v. Smith
Supreme Court of Missouri
Certiorari. (1) The Kansas City Court of Appeals has no jurisdiction to finally decide a case upon its merits and require the circuit court to enter final judgment therein upon an appeal from an interlocutory order dissolving a temporary injunction and settling the accounts of a receiver, and it therefore has no jurisdiction to compel the circuit court to do so by writ of mandamus. Yoorhis v. Assn., 59 Mo.
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Certiorari. (1) The Kansas City Court of Appeals has no jurisdiction to finally decide a case upon its merits and require the circuit court to enter final judgment therein upon an appeal from an interlocutory order dissolving a temporary injunction and settling the accounts of a receiver, and it therefore has no jurisdiction to compel the circuit court to do so by writ of mandamus. Yoorhis v. Assn., 59 Mo. App. 56; Railroad v. Railroad, 94 Mo. 542; Greeley v. Railroad, 123 Mo. 162; Cohn v. Lehman, 93 Mo. 577; Gareche v. Emerson, 31 Mo. 258; Robinson v. Morgan Co. Ct., 32 Mo. 431; Berry v.…
1Opinion of the CourtBrace, C. J.
This is a proceeding by certiorari. On the 27th of November, 1901, the Metropolitan Land Company instituted a suit in equity in the circuit court of Jackson county at Kansas City against James H. Manning, as defendant, to enjoin him from trespassing upon land in said city known as the Exposition Ball Park, of which said plaintiff claimed to be the owner and for damages for trespass thereon, and on the same day, upon the question therein, the court made the following order:
“Ordered that a restraining order be granted herein restraining the defendant, his servants and agents, from trespassing…
2Cases cited4 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1903
- Johnson v. Board of EducationSupreme Court of Missouri · 1877
- Rose v. Township BoardSupreme Court of Missouri · 1901
3Cited by8 opinions
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- Perseverance Common School District No. 90 v. HoneyMissouri Court of Appeals · 1963
- The Nat. Refining Co. v. CoxMissouri Court of Appeals · 1933
- Brown v. CurtinSupreme Court of Missouri · 1932
- Faris v. City of CaruthersvilleSupreme Court of Missouri · 1942
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