State ex rel. Craig v. Woodson
Supreme Court of Missouri
Prohibition. (1) It does not seem to be questioned that prohibition is the proper remedy to prevent the circuit court from proceeding to make orders for the enforcement of its judgment in a case which has been transferred to this court by appeal which operates as a supersedeas, or suspension or vacation of the judgment.
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Prohibition. (1) It does not seem to be questioned that prohibition is the proper remedy to prevent the circuit court from proceeding to make orders for the enforcement of its judgment in a case which has been transferred to this court by appeal which operates as a supersedeas, or suspension or vacation of the judgment. State ex rel. v. Lewis, 76 Mo. 370; State ex rel. v. Billon, 98 Mo. 90. (2) Under the statutes of this state, the appeal of the relator in the election contest operated as a supersedeas of the judgment in that case, or suspended its operation until the decision of the case in…
1DissentBaeclay, J.
(dissenting). — The ruling question in this case is whether an appeal, duly taken, with bond given as provided by statute, suspends the execution of a judgment by the circuit court, in a contested election case, until the appeal can be passed upon by the appellate court.
Our learned brethren answer this question in the negative. We think, with all due respect, that it should be answered in the affirmative.
The question is important enough to warrant a short statement of some reasons that lead us to dissent.
The case turns at last on the meaning to be given to the words, “until the contest shall…
2Cases cited4 opinions
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- State ex rel. Laclede Bank v. LewisSupreme Court of Missouri · 1882
- Hudson v. SmithWisconsin Supreme Court · 1859
- State ex rel. Boyington v. RansonSupreme Court of Missouri · 1885