Rogers & Baldwin Hardware Co. v. Cleveland Building Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) This was a proceeding quasi in rem, within the meaning of the rule, that after such proceeding had been commenced in the state court no proceedings could be commenced in the United States court which would oust its jurisdiction and prevent the state court from proceeding to judgment and sale of the premises.
Read the full summary
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) This was a proceeding quasi in rem, within the meaning of the rule, that after such proceeding had been commenced in the state court no proceedings could be commenced in the United States court which would oust its jurisdiction and prevent the state court from proceeding to judgment and sale of the premises. Boswell v. Otis, 9 How. 336; Cooper v. Reynolds, 10 Wall. 308; Gordon v. Terry, 15 N. J. Eq. 112; Heidritter v. Oilcloth Co., 112 U. S. 294; Colev. Oil Well Supply Co., 57 Eed. Rep. 534. (2) It is expressly decided by…
1Opinion of the CourtBurgess, J.
This case was transferred to the court in banc, after an opinion reversing the judgment had been rendered. 32 S. W. Rep. 1. We adopt the statement of facts therein made, as well, also, as the first paragraph of the opinion of our. learned brother, Barclay, J. They are as follows:
“The questions to be determined on this appeal arose upon a motion in the circuit court to set aside a *447sheriff’s sale, which motion the court sustained. The plaintiffs appealed, after having taken proper steps to give the trial court opportunity to review its ruling, and saving the evidence and all exceptions, in the…
2Cases cited10 opinions
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Gates v. BuckiCourt of Appeals for the Eighth Circuit · 1893
- Harness v. CravensSupreme Court of Missouri · 1894
- Littell v. ZuntzSupreme Court of Alabama · 1841
- Holdsworth v. ShannonSupreme Court of Missouri · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Davis v. McCannSupreme Court of Missouri · 1898
- United States v. Mary AkinCourt of Appeals for the Tenth Circuit · 1974
- Anderson v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
- State ex rel. Hartley v. InnesMissouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.