State Ex Rel. Berkshire v. Ellison
Supreme Court of Missouri
Certiorari. There was no delay by relators to work a denial of the writ herein, (a) Taking np the point referred to in the paragraph, that the mandate had been.delivered to the circuit court and judgment rendered as directed therein, and which respondents claim as a reason for the denying of this writ, certainly nothing was done in the circuit court in making a clerical entry under the judgment and mandate of the Court of Appeals which should be appealable or which in any…
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Certiorari. There was no delay by relators to work a denial of the writ herein, (a) Taking np the point referred to in the paragraph, that the mandate had been.delivered to the circuit court and judgment rendered as directed therein, and which respondents claim as a reason for the denying of this writ, certainly nothing was done in the circuit court in making a clerical entry under the judgment and mandate of the Court of Appeals which should be appealable or which in any way changed the status of the parties. The rights of the parties were fixed, if at all, by the judgment in the Court of…
1Opinion of the CourtGraves, J.
Statement. Certiorari to the Kansas City Court of Appeals. The proceeding nisi out of which the present proceeding grows was that of a copartnership under the name of Berkshire Lumber Company v. Ima H. Holcker, Otto L. Holcker, et al. It was an action under the equitable mechanics lien law, Act of 1911, p. 314. The Berkshire Lumber Company being desirous of enforcing a lien against property in Kansas City which belonged to Mrs. Ima H. Holcker, brought action against her and ^61> piisband (Otto) and all other lien claimants. In the trial court the verdict of the jury favored Mrs. Holcker, in…
2Cases cited1 opinion
- Roeckeler Lumber Co. v. WahlbrinkMissouri Court of Appeals · 1915
3Cited by14 opinions
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- State Ex Rel. Burns v. StantonMissouri Court of Appeals · 1958
- State Ex Rel. Taylor v. BlairSupreme Court of Missouri · 1948
- State Ex Rel. Hancock v. FalkenhainerSupreme Court of Missouri · 1927
- State Ex Rel. Scott v. TrimbleSupreme Court of Missouri · 1925
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