Kenner v. Doe Run Lead Co.
Supreme Court of Missouri
Error to St. Francois Circuit Court. — Hon. James P. Gtreen, Judge. On motion to dismiss writ of error. We must insist first of all that respondent’s motion to dismiss the writ of error sued out in this case should be sustained for reasons therein assigned. Schnelle v. Devanny, 61 Mo.
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Error to St. Francois Circuit Court. — Hon. James P. Gtreen, Judge. On motion to dismiss writ of error. We must insist first of all that respondent’s motion to dismiss the writ of error sued out in this case should be sustained for reasons therein assigned. Schnelle v. Devanny, 61 Mo. App. 458; R. S, 1889, sec. 2290. (1) While an appeal is held to be a continuation of a suit, a writ of error is a new action, but the cases in which this has been said are those in which it has been sought to invoke the doctrine of Us pendens to defeat the purchase of property in litigation. 2 Tate’s Practice,…
1Opinion of the Court
Peb Cubiam
(Babclay, P. J., and Maceablane, Robinson and Bbaoe, JJ.) — The facts in the progress of the proceedings on this writ of error are as follows :
1895, Eeb. 21. Writ of error issued, returnable into the Supreme Court at April term, 1895.
1895, April 6. ■ Date of return of circuit clerk to writ of error.
1897, Sept. 10. Service of notice of writ of error upon attorney of record of defendants in error.
1897, Sept. 18. Service of brief of plaintiffs in error on attorneys of defendants in error.
1897, Oct. 11. Service of brief of defendants in error on attorney for plaintiffs in error.
1897,…
2Cases cited3 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Ziefle v. SeidSupreme Court of Missouri · 1897
3Cited by10 opinions
- Audsley v. HaleSupreme Court of Missouri · 1924
- Igo v. BradfordMissouri Court of Appeals · 1905
- Garth v. MotterSupreme Court of Missouri · 1913
- Burdett v. DaleMissouri Court of Appeals · 1902
- Guy v. MayesSupreme Court of Missouri · 1897
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