Legal Opinion

State ex rel. Baker v. Bird

Supreme Court of Missouri

Decided December 24, 1913PublishedCited by 50 opinions

Prohibition. Writ allowed. (1) The cause on its merits' and the appeal thereof ia,re not now submitted, and argument to the merits is improper.

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Prohibition. Writ allowed. (1) The cause on its merits' and the appeal thereof ia,re not now submitted, and argument to the merits is improper. State ex rel. v. Henderson, 164 Mo. 360; Wand v. Ryan, 166 Mo. 648 ; State ex rel. v. Lewis, 76 Mo. 370; State ex rel. v. Dearing, 180 Mo. 62. (2) No jurisdiction is vested in the circuit court on appeal from the probate court to enforce its appellate decision and it is the duty of the circuit, after ‘trying the matter de novo, to certify its findings to the probate, for execution there. R. S. 1909, secs. 294, 296, 297; Branson v. Branson, 102 Mo.…

1Opinion of the CourtBrown, J.

Prohibition in this court to prevent further proceedings by respondent Daniel E. Bird, as judge of the circuit court of Jackson county, 'Missouri, under a citation to plaintiffs for contempt, in failing to deliver a minor into the custody of respondent George A. Dixon, pursuant, to an order entered by said circuit court.

A brief history of the judicial proceedings which resulted in the citation for contempt is necessary to a full understanding of the issues in tMs case.

On July 22,1911, one Charles Dixon, a resident of Jackson county, Missouri, the father and oMy surviving parent of Charles…

2Cases cited21 opinions

  1. Winkler v. LietmanSupreme Court of Missouri · 1899
  2. Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
  3. Kahn v. IsraelsonTexas Supreme Court · 1884
  4. Gray v. ParkeMassachusetts Supreme Judicial Court · 1892
  5. In re Estate of Glover & ShepleySupreme Court of Missouri · 1895

16 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Cooper v. HinrichsIllinois Supreme Court · 1957
  2. Schmitt v. PierceSupreme Court of Missouri · 1961
  3. Carpenter v. CarpenterSupreme Court of Missouri · 1954
  4. Moreno v. Juvenile OfficerMissouri Court of Appeals · 1983
  5. In Re the Estate of BoevingMissouri Court of Appeals · 1965

45 more not listed; retrieve them via the Exa API.

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