State ex rel. Patton v. Gates
Supreme Court of Missouri
Mandamus. (1) The order of appeal, as made by the court, does not operate to suspend or supersede the order granting a new trial. R. S. 1889, secs. 2246, 2247, 2248, 2249 and 4744; Laws of 1891, p. 70; 23 Am. and Eng. Ency. of Law, p. 285; Komerick v. Castleman, 21 Mo. App. 587; Railroad v. Atkinson, 17 Mo. App. 486; Lexvis v. Railroad, 59 Mo. 495; State ex rel. v. Meeker, 19 Neb. 444; State ex rel. v. Mayor, 44 N. W. Rep.
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Mandamus. (1) The order of appeal, as made by the court, does not operate to suspend or supersede the order granting a new trial. R. S. 1889, secs. 2246, 2247, 2248, 2249 and 4744; Laws of 1891, p. 70; 23 Am. and Eng. Ency. of Law, p. 285; Komerick v. Castleman, 21 Mo. App. 587; Railroad v. Atkinson, 17 Mo. App. 486; Lexvis v. Railroad, 59 Mo. 495; State ex rel. v. Meeker, 19 Neb. 444; State ex rel. v. Mayor, 44 N. W. Rep. (Neb.) 90; State ex rel. v. Hirsel et al., 37 S. "W. Rep. 921; State ex rel. v. Lewis, 76 Mo. 370; State ex rel. v. Billon, 98 Mo. 90; State ex rel. v. Woodson, 128 Mo.…
1Opinion of the CourtBrace, P. J.
On the twenty-sixth of December, 1895, the relators brought an action in the circuit court of Jackson county, at Kansas City, against the Grand Avenue Hotel Company, to recover damages for the death of their father, Fred 0. Patton, who was killed on the twenty-seventh of December, 1894, while in the service of said company, operating its boiler and furnace, by the explosion thereof. T.he cause coming on for trial'at the April term, 1896, of said court, before division number 3 thereof, after hearing all the evidence the court instructed the jury to return a verdict for the defendant company,…
2Cases cited6 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Macklin v. AllenbergSupreme Court of Missouri · 1889
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- State Ex Rel. Thompson v. TerteSupreme Court of Missouri · 1947
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Herrick Motor Co. v. Fischer Oldsmobile Co.Missouri Court of Appeals · 1967
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