State ex rel. Riefling v. Sale
Missouri Court of Appeals
Original Proceeding by Mandamus. (1) On a motion for peremptory writ in a case like this, the facts alleged' in the petition for the writ and the facts alleged in the return and not denied are considered admitted. State ex rel. y.
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Original Proceeding by Mandamus. (1) On a motion for peremptory writ in a case like this, the facts alleged' in the petition for the writ and the facts alleged in the return and not denied are considered admitted. State ex rel. y. Brown, 205 Mo. 620. (2) When a partnership becomes insolvent or goes into bankruptcy, those having claims against the partnership have a priority as against the assets of the partnership over those having claims against the individual members of the partnership. Parsons on Partnership (4 Ed.), sec. 382; Shumaker on Partnership, pp. 354-358; Sundley y. Faris, 103 Mo.…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The circuit court having refused to entertain relator’s intervening petition on the ground of an alleged want of jurisdiction, it is the duty of this court to determine whether the circuit court has such jurisdiction.
It is undoubtedly the rule that an appeal divests the jurisdiction of the trial court and places it in the appellate court. [Brill v. Meek, 20 Mo. 358; Ladd v. Couzins, 35 Mo. 513; Oberkoetter v. Luebbering, 4 Mo. App. 481; Burgess v. O’Donoghue, 90 Mo. 299, 2 S. W. 303; State ex rel. v. Gates, 143 Mo. 63, 69, 44 S. W. 739; Burdett v. Dale, 95 Mo.…
2Cases cited11 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- State ex rel. Patton v. GatesSupreme Court of Missouri · 1898
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3Cited by5 opinions
- State Ex Rel. Standefer v. EnglandMissouri Court of Appeals · 1959
- Case v. SmithMissouri Court of Appeals · 1923
- State Ex Rel. Callahan v. HessSupreme Court of Missouri · 1941
- Wormington v. City of MonettSupreme Court of Missouri · 1949
- State Ex Rel. Bostian v. RidgeSupreme Court of Missouri · 1945