Graham v. Conway
Missouri Court of Appeals
Original Proceeding in Contempt. (1) An appeal of a proceeding in prohibition, under the statute of 1895, page 95, carries the entire case with all its orders, rules and judgments to the appellate court for review. An appeal is a continuation of the same case and transfers the entire case to the appellate court without any power of the trial court over the matter except such orders as are necessary to complete its records.
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Original Proceeding in Contempt. (1) An appeal of a proceeding in prohibition, under the statute of 1895, page 95, carries the entire case with all its orders, rules and judgments to the appellate court for review. An appeal is a continuation of the same case and transfers the entire case to the appellate court without any power of the trial court over the matter except such orders as are necessary to complete its records. State ex rel. v. Lewis, 76 Mo. 370; State ex rel. v. Campbell, 25 Mo. App. 635; Maeklin v. Allen-berg, 100 Mo. 337; Neiser v. Thomas, 46 Mo. App. 47. (2) The court to which…
1Opinion of the CourtEllison, J.
This proceeding is an application for a writ of attachment against the defendants for contempt. The defendant Conway is a justice of the peace before whom the defendant James Graham as plaintiff commenced a suit of forcible entry and detainer against this plaintiff James D. Graham as defendant and the defendant Daniels is the constable of the township where the action was brought.
Defendant James Graham prosecuted his suit to judgment before defendant Conway, and on a writ of possession being issued the plaintiff here (James D. Graham) applied to Hon. A. D. Bumes, Judge of the fifth judicial…
2Cases cited6 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Young v. GrundySupreme Court of the United States · 1810
- Leonard v. Ozark Land Co.Supreme Court of the United States · 1885
- State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
- Teasdale v. JonesMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Ostmann v. FreyMissouri Court of Appeals · 1910