Legal Opinion

Hewitt v. Steele

Supreme Court of Missouri

Decided December 15, 1896PublishedCited by 12 opinions

Appeal from Callaway Circuit Court. — Hon. John A. Hookah ay, Judge. (1) The court should have made an order staying the prosecution of this suit until the costs of the first suit had been paid. This is a rule of practice well established, and is founded upon the plain principles of justice. Buckets v. Railroad, 47 Fed.

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Appeal from Callaway Circuit Court. — Hon. John A. Hookah ay, Judge. (1) The court should have made an order staying the prosecution of this suit until the costs of the first suit had been paid. This is a rule of practice well established, and is founded upon the plain principles of justice. Buckets v. Railroad, 47 Fed. Rep. 424; Ripley v. Benedict, 4 Cow. 19; Perkins v. Hinman, 19 Johns. 237; Taylor v. Vandivert, 9 Wend. 449; Kentish v. Tatham, 6 Hill, 372; Jackson v. Carpenter, 3 Cow. 22; Ex parte Stone, 3 Cow. 380; Fleming v. Ins. Co., 4 Pa. St. 475; Felt v. Amedon, 49 Wis. 66; Gerrish v.…

1Opinion of the Court

Bkace, O. J.

Suit on the cause of action set out in plaintiff’s petition was originally commenced in the circuit court of Audrain county, on the fourteenth of May, 1889, taken by change of venue to Pike county circuit court, where it was tried at the September term, 1890, of that court, resulting in a verdict in favor of the plaintiff for $6,250 which on motion of defendant was set aside and a new trial granted, although the plaintiff offered to remit all of said verdict in excess of $4,000.

The cause having been re-docketed and coming on for trial at the March term, 1891, of said court (on the…

2Cases cited4 opinions

  1. Hewitt v. SteeleSupreme Court of Missouri · 1893
  2. Chouteau v. RowseSupreme Court of Missouri · 1886
  3. Jones v. BarnardMissouri Court of Appeals · 1895
  4. State ex rel. Lafayette County v. O'GormanSupreme Court of Missouri · 1882

3Cited by12 opinions

  1. Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
  2. Mason v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1910
  3. Meddis v. WilsonSupreme Court of Missouri · 1903
  4. Carrier v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
  5. Estes v. FrySupreme Court of Missouri · 1901

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