Donnell v. Wright
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judg (1) The simple reversal of a judgment by a court of review is not a final judgment and in law has the effect of remanding the cause to the trial court to be dealt with according to the opinion of the reviewing court.
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Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judg (1) The simple reversal of a judgment by a court of review is not a final judgment and in law has the effect of remanding the cause to the trial court to be dealt with according to the opinion of the reviewing court. No special direction for remanding the cause is necessary, as the opinion of the Supreme Court is to be consulted. 1 Freeman on Judgments (4 Ed.), sec. 32; 2 Freeman on Judgments (4 Ed.), sec. 481; Falkner v. Hendy, 107 Cal. 54; Steams v. Aguire, 7 Cal. 448; Woods v. Jones, 56 Ga. 520 ; Walker v. Dougherty, 14 Ga. 653;…
1Opinion of the CourtLamm, J.
On the theory there was an ejectment suit pending in the circuit court of Jackson county wherein Donnell was plaintiff and William P. Wright, Emaline Stacks and Robert Taubman were defendants, Donnell, on March 21, 1903, suggested the death of Taubman and sued out a writ of scire facias to revive the proceedings against the executors of his will, his widow and heirs. Service w!as had of, and rectum made to, that writ.
On issue joined, as hereinafter set forth, judgment went against plaintiff and he appeals.
In the determination of the question presented to us, a resume of the history of the…
Also in this document: Concurrence.
2Cases cited5 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. ColemanSupreme Court of Missouri · 1905
- Matlock v. Williamsville Greenville & St. Louis Railway Co.Supreme Court of Missouri · 1906
- A. M. Stevens Lumber Co. v. Kansas City Lumber Co.Missouri Court of Appeals · 1897
- Edwards v. M'KeeSupreme Court of Missouri · 1821
3Cited by11 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Denny v. GuytonSupreme Court of Missouri · 1931
- Reed v. BrightSupreme Court of Missouri · 1911
- Spratt v. EarlySupreme Court of Missouri · 1906
- Paisley v. Kansas City Public Service Co.Supreme Court of Missouri · 1943
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