State ex rel. Carroll v. Campbell
Missouri Court of Appeals
Motion for attachment. When the appeal was taken and the supersedeas bond given in the court below that court lost all control and jurisdiction over the case and had no power to make any orders therein except to correct its own record. DeKalb County v. Hickson, 44 Mo. 341 ; Bell v. Meek, 20 Mo. 358; Ladd v. Couzins, 35 Mo. 513; Stewart v. Stringer, 41 Mo. 400; The State v. Lubke, 15 Mo.
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Motion for attachment. When the appeal was taken and the supersedeas bond given in the court below that court lost all control and jurisdiction over the case and had no power to make any orders therein except to correct its own record. DeKalb County v. Hickson, 44 Mo. 341 ; Bell v. Meek, 20 Mo. 358; Ladd v. Couzins, 35 Mo. 513; Stewart v. Stringer, 41 Mo. 400; The State v. Lubke, 15 Mo. App. 172. Where a temporary injunction has been granted in the circuit court, and, upon final hearing, the injunction is dissolved and bill dismissed, an appeal' with a supersedeas bond operates to continue…
1Opinion of the CourtLewis, P. J.
The relator, claiming an exclusive ferry privilege under a license from the municipal authorities of the city of Cape Girardeau, commenced suit for a perpetual injunction against the defendants, to restrain them from continuing to operate a ferry within the limits, on the banks of the Mississippi river, which were covered by the relator’s franchise. A temporary injunction was granted, after which there was a change of venue from the' Cape Girardeau to the Madison circuit court. In *637the latter court, the cause was heard upon its merits under a motion to dissolve the injunction, whereupon the…
2Cases cited2 opinions
- City of St. Louis v. Waterloo-Carondelet Turnpike & Ferry Co.Missouri Court of Appeals · 1883
- Lewis v. LeaheyMissouri Court of Appeals · 1884
3Cited by2 opinions
- McCormick v. PhillipsTennessee Supreme Court · 1918
- Neiser v. ThomasMissouri Court of Appeals · 1891