State ex rel. Southern National Bank v. Ellison
Supreme Court of Missouri
Certiorari. (1) The reinstatement of the case as to the defendants McDermand at the same term of court at which it had been dismissed put the case back precisely where it was before the order of dismissal was made. Brown v. Foote, 55 Mo. 178; 14 Cyc. 460, 465; Miller y. Earl, 15 S. W. 916; Crane Co. v. Hawley, Keragham & Co., 54 Mo. App. 603; West v. McMullen, 112 Mo. 409;' State to use v. Kessler, 15 Mo.
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Certiorari. (1) The reinstatement of the case as to the defendants McDermand at the same term of court at which it had been dismissed put the case back precisely where it was before the order of dismissal was made. Brown v. Foote, 55 Mo. 178; 14 Cyc. 460, 465; Miller y. Earl, 15 S. W. 916; Crane Co. v. Hawley, Keragham & Co., 54 Mo. App. 603; West v. McMullen, 112 Mo. 409;' State to use v. Kessler, 15 Mo. App. 590; Salt Co. v. Baldridge, 53 Kan. 532; Wolters v. Rossi, 126 Cal. 644; Zitnick v. Railroad, 145 N. W. 344; Duty v. Railroad, 73 S. E. 331. (2) The expiration of the term of court at…
1Opinion of the CourtRevelle, J.
Original proceeding by certiorari to quash judgment of the Kansas City Court of Appeals, the relator alleging that it runs afoul of controlling decisions of this court.
The facts stated by the Couit of Appeals in its opinion are substantially as follows:
Plaintiff filed its suit April 8, 1913, to enforce a mechanic’s lien for certain materials, of the total value of $1276, furnished under contract with the defendant construction company for a building being erected by the latter company for the defendants Frank R. and *427Myrtle A. McDermand, on certain lots in Kansas City owned by tliem. On May…
2Cases cited6 opinions
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Ittner v. HughesSupreme Court of Missouri · 1896
- State v. UlrichSupreme Court of Missouri · 1892
- State ex rel. Hartman v. ThomasSupreme Court of Missouri · 1912
- Pelz v. BollingerSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Estate of SheldonSupreme Court of Missouri · 1945
- Fine v. Waldman Mercantile CompanyMissouri Court of Appeals · 1967
- Scott v. ReesSupreme Court of Missouri · 1923
- Sympson v. RogersSupreme Court of Missouri · 1966
- Syz v. Milk Wagon Drivers' Union, Local 603Supreme Court of Missouri · 1929
8 more not listed; retrieve them via the Exa API.