Holliday v. Mansker
Missouri Court of Appeals
Appeal from the Shannon Circuit Court. — Hon. É. A. Seat, Special Judge. (1) A special judge agreed upon by the parties to try the cause of action has the same power and authority of a regular judge, and his authority continues until a full and complete determination of the case, and he was judge of the circuit court for all the purposes of the case; so says Judge Black.
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Appeal from the Shannon Circuit Court. — Hon. É. A. Seat, Special Judge. (1) A special judge agreed upon by the parties to try the cause of action has the same power and authority of a regular judge, and his authority continues until a full and complete determination of the case, and he was judge of the circuit court for all the purposes of the case; so says Judge Black. That would mean to try the cause and make any and all orders relative to the same, such as sustaining and overruling motion for new trial, and he eould make an order of any kind that the regular judge would be authorized to…
1Opinion of the CourtBiggs, J.
This action was begun before a justice of the peace with an attachment in aid. There was personal service on thejdefendant, and a personal appearance by him to the action. When the case reached the circuit court on appeal, the circuit judge having been of counsel, the parties selected an attorney of the court to try the cause.
The grounds of attachment, as stated in the affidavit, were, that the defendant was a non-resident; that he was about to remove his property out of the state, etc.; that he was about fraudulently to convey, remove or dispose of his property so as to hinder or delay his…
2Cases cited9 opinions
- Jones v. HartSupreme Court of Missouri · 1875
- Kritzer v. SmithSupreme Court of Missouri · 1855
- Burnett v. McClueySupreme Court of Missouri · 1887
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Maupin v. Virginia Lead Mining Co.Supreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
- State ex rel. Bellemere v. O'NeillMissouri Court of Appeals · 1899
- Rawlins v. TimonsMissouri Court of Appeals · 1899
- Berry Bros. v. LeslieMissouri Court of Appeals · 1908