State ex rel. Busch v. Dillon
Supreme Court of Missouri
Prohibition. The supersedeas in this case, which was a chancery-suit, has the effect, under the statutes of Missouri, of removing the whole case to the supreme court for a trial de novo upon the testimony taken below. It leaves the judgment of the court below in full force except that no proceeding can be had under it. See R. S., secs. 3713, 3717, 3718, 3728, 3776 ; Banlc v. Lewis, 76 Mo. 370 ; 2 Story’s Eq. Jur. 58 ; City v. Gas.
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Prohibition. The supersedeas in this case, which was a chancery-suit, has the effect, under the statutes of Missouri, of removing the whole case to the supreme court for a trial de novo upon the testimony taken below. It leaves the judgment of the court below in full force except that no proceeding can be had under it. See R. S., secs. 3713, 3717, 3718, 3728, 3776 ; Banlc v. Lewis, 76 Mo. 370 ; 2 Story’s Eq. Jur. 58 ; City v. Gas. Co., 82 Mo.- 354 ; Russell v. Farley, 105 U. S. 433. (1) An injunction may be granted by the circuit court, on final hearing or judgment, without requiring the…
1Opinion of the CourtBbacb, J.
Petition for writ of prohibition against respondent, judge of the St. Louis city circuit court, to restrain him from further action in a proceeding commenced in that court on the suggestion of GeorgeGlaesner against Adolphus Busch, President of Anheuser-Busch Brewing Association, et al., said proceeding being an attachment for contempt in violating a decree of injunction rendered against them in' a certain cause theretofore pending in said court, wherein the said Glaesner was plaintiff and said Brewing Association et al., were defendants, and which cause had theretofore been appealed to the…
2Cases cited11 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Leonard v. Ozark Land Co.Supreme Court of the United States · 1885
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3Cited by20 opinions
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Chemical Fireproofing Corp. v. BronskaMissouri Court of Appeals · 1977
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- State ex rel. Gibson v. Superior CourtWashington Supreme Court · 1905
- State Ex Rel. Jarboe v. HoltSupreme Court of Missouri · 1969
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