State ex rel. Logan v. Ellison
Supreme Court of Missouri
Mandamus. (1) Wlien a court lias rendered final judgment in a cause and overruled a motion for a rehearing and the term has ended with no motions pending, the jurisdiction of the court over the judgment is at an end. This rule applies to appellate courts.
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Mandamus. (1) Wlien a court lias rendered final judgment in a cause and overruled a motion for a rehearing and the term has ended with no motions pending, the jurisdiction of the court over the judgment is at an end. This rule applies to appellate courts. Padgett v. Smith, 205 Mo. 122; Gratiot v. Railroad, 116 Mo. 470; Danforth v. Lowe, 53 Mo. 218; Hill v. St. Louis, 20 Mo. 587; 1 Black on Judgments (1 Ed.), sec. 306', p. 383; 1 Freeman on Judgments (4 Ed.), sec. 96, p. 132; 3 Cyc. 474, sub-sec. b; 17 Am. & Eng. Ency. Law (2 Ed.), 816, sec. 7; Sibbald v. United States, 12 Pet. 491; Bank v.…
1Opinion of the CourtWoodson, C. J.
This is an original proceeding by mandamus brought in this court to compel the respondents, the Judges of the Kansas City Court "of Appeals, to set aside an order and judgment of reversal by them rendered, at the October term, 1914, thereof, on the 5th day of said month, in a cause then pending in said court, wherein the Kansas City Coal & Material Company was appellant and W. Gr. Logan, the relator herein, was the respondent, to reinstate a former judgment of affirmance rendered therein by said court at the October term, 1913, thereof, and on the 5th day of January, 1914, and to issue the…
2Cases cited17 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
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3Cited by9 opinions
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- William Blair Realty Partners, III v. Transit Casualty Co.Missouri Court of Appeals · 1995
- James v. JamesMissouri Court of Appeals · 1993
- State ex rel. Killoran v. CalhounMissouri Court of Appeals · 1919
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