Forsee v. Gates
Missouri Court of Appeals
Original Proceeding' by Prohibition. (1) The affidavit and orders in question were insufficient as a prayer for or allowance of an appeal. There must be a prayer or application for an appeal to a designated court, or the order allowing the appeal must designate the appellate court to which the appeal is allowed. Ins.
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Original Proceeding' by Prohibition. (1) The affidavit and orders in question were insufficient as a prayer for or allowance of an appeal. There must be a prayer or application for an appeal to a designated court, or the order allowing the appeal must designate the appellate court to which the appeal is allowed. Ins. Oo. v. Bernard, 39 111. App. 267, 268; Gage v. Arndt, 114 111. 318; Smith v. Ohitraus, 152 111. 664, 670; McGowan v. Duff, 41 111. App. 57; Starr and Curtis Dig., par. 89 and 68; R. S. 1889, sec. 2246; R. S. 1899, sec. 806; Const. Amend. 1885, sec.5; Little v. Reid, 141 Mo. 242,…
1Opinion of the CourtEllison, J.
A writ of prohibition was issued in this case by the Presiding Judge of this court, returnable to the court in session. It appears from the petition that the plaintiff in a certain cause pending before defendant E. P. Gates, one of the judges of the Jackson Circuit Court, obtained a judgment on January 19, 1901, against Catherine E. Donnell for $3,792.90 and costs. That afterwards, during same term of court, on February 2, 1901, the said Donnell made the following application for an appeal:
“State of Missouri, )
ss-
County of Jackson. J
“Now comes Catherine E. Donnell, and being duly sworn, *580upon…
2Cases cited5 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Smith v. ChytrausIllinois Supreme Court · 1894
- State ex rel. Duggan v. DillonSupreme Court of Missouri · 1888
- Mississippi Valley Manufacturers' Mutual Insurance v. BermondAppellate Court of Illinois · 1891
- State ex rel. Jones v. LaughlinMissouri Court of Appeals · 1881
3Cited by3 opinions
- Hughes v. HendersonMissouri Court of Appeals · 1902
- Sanders v. Owens and StoffleMissouri Court of Appeals · 1931
- State ex rel. Reifsnider v. GoldsteinMissouri Court of Appeals · 1918