Case v. Espenschied
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Franhlin Ferriss, Judge. (1) The court below erred in treating the mandate of this court as an absolute instruction to enter a judgment, non obstante, for plaintiff.
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Appeal from St. Louis City Circuit Court. — Now. Franhlin Ferriss, Judge. (1) The court below erred in treating the mandate of this court as an absolute instruction to enter a judgment, non obstante, for plaintiff. (2) If said mandate is to be so treated, this court erred in the following particulars: (a) It exceeded its constitutional powers and trespasses upon the province of the jury; (b) The decision of this court in the case, upon which the mandate was awarded, was based upon a misconception of the issues involved in the case, and tried in the court below; (e) Upon the face of the…
1Opinion of the CourtBrace, P. J.
This is the second appeal in an action of replevin to recover a note for $6,000 and a deed of trust securing the payment thereof. On the former appeal a judgment in favor of the defendants was “reversed and the cause remanded to be proceeded with in accordance” with the opinion delivered therein, which is reported in 169 Mo. 215. The opinion and mandate having been filed in due course in the circuit court, the plaintiff filed the following motion in said cause, to-wit:
“Now comes the plaintiff and moves the court to render judgment herein, under the mandate and opinion of the Supreme Court of…
2Cases cited1 opinion
- Case v. EspenschiedSupreme Court of Missouri · 1902
3Cited by3 opinions
- State ex rel. Anderson Motor Service Co. v. Public Service CommissionMissouri Court of Appeals · 1939
- Brocco v. May Department Stores Co.Missouri Court of Appeals · 1932
- State Ex Rel. v. Pub. Serv. Comm.Missouri Court of Appeals · 1939