Musser v. Harwood
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. G-eorge W. Dunn, Judge. Statement of case by the court. The plaintiff in this suit was the defendant in the •case of Robinson v. Musser, reported in 78 Mo. 153. In that case the plaintiff therein, in accordance with the ■order of the circuit court to that effect, gave a bond, in the usual form, with the defendants in the present case us sureties, to secure the payment of all costs that might be adjudged against the plaintiff in that…
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Appeal from Clinton Circuit Court, Hon. G-eorge W. Dunn, Judge. Statement of case by the court. The plaintiff in this suit was the defendant in the •case of Robinson v. Musser, reported in 78 Mo. 153. In that case the plaintiff therein, in accordance with the ■order of the circuit court to that effect, gave a bond, in the usual form, with the defendants in the present case us sureties, to secure the payment of all costs that might be adjudged against the plaintiff in that said case. Robinson had judgment in the circuit court and Musser appealed therefrom to the supreme court. In the latter…
1Opinion of the CourtHall, J.
It is true that the -jurisdiction of the supreme court “is defined and limited by the constitution” of this state, and that such jurisdiction is appellate only, with certain well known exceptions, such as cases of habeas corpus, mandamus, quo warranto, prohibition, etc. Vail v. Dinning, 44 Mo. 211. But under our practice act (sect. 3776, Rev. Stat.) it is the duty of the supreme court, in apjoeals or writs of error, to “ award a new trial, reverse or affirm the judgment or decision of *498the circuit court, or give such judgment as such court ought to have given, as to them shall seem agreeable…
2Cases cited8 opinions
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Jenkins v. McCoySupreme Court of Missouri · 1872
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Walden v. DudleySupreme Court of Missouri · 1872
- McGee v. LarramoreSupreme Court of Missouri · 1872
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3Cited by5 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- A. M. Stevens Lumber Co. v. Kansas City Lumber Co.Missouri Court of Appeals · 1897
- Joy v. CaleMissouri Court of Appeals · 1907
- Stone v. Grand Lodge, Ancient Order of United WorkmenMissouri Court of Appeals · 1906
- Sperry v. HurdMissouri Court of Appeals · 1911