State ex rel. Scott v. Smith
Supreme Court of Missouri
Prohibition. The facts out of which, this case arises are in brief the following: On January 18, 1890, the petitioner obtained a‘ decree for divorce from Barbara Scott, in the circuit court of Cass county, duly entered of record on that day.
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Prohibition. The facts out of which, this case arises are in brief the following: On January 18, 1890, the petitioner obtained a‘ decree for divorce from Barbara Scott, in the circuit court of Cass county, duly entered of record on that day. On January 22, 1890, she filed in that court her motion for a new trial, which was overruled January 31, 1890. On March 22, 1890 (more than sixty days after' the judgment was entered of record, but less than sixty days from the time the motion for a new trial was disposed of), Barbara Scott sued out her writ of error from the Kansas City court of appeals…
1Opinion of the CourtBarclay, J.
— This is an application for a rule in prohibition against the judges of the Kansas City court of appeals to stay their exercise of jurisdiction over a cause in that court. The defendants resist the application, and by demurrer claim that no sufficient grounds appear for granting it.
Passing (without deciding) the question whether the application is not premature, and going directly to the merits, we find that the court of appeals has undoubted appellate jurisdiction of the subject-matter of the action pending there, by which is meant that that court, upon appeal or writ of error, has…
Also in this document: Concurrence.
2Cases cited5 opinions
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- State ex rel. New York Life Insurance v. PhilipsSupreme Court of Missouri · 1888
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Thomas v. ThomasSupreme Court of Missouri · 1876
3Cited by23 opinions
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State ex rel. Crouse v. MillsSupreme Court of Missouri · 1910
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