State ex rel. Federal Lead Co. v. Reynolds
Supreme Court of Missouri
Prohibition. There is no question but wbat tbe amount in dispute in this case is above $7500. The respondents take the position that when the judgment amounted to but $6817.48 and the defendant alone appealed, that is the sum in dispute, overlooking, entirely, the fact that relator has complained of the setting aside of the finding of the referee in its favor, amounting to $2656.68 with interest from April 4, 1907. Had the Abbot-Gamble Company not filed exceptions to the…
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Prohibition. There is no question but wbat tbe amount in dispute in this case is above $7500. The respondents take the position that when the judgment amounted to but $6817.48 and the defendant alone appealed, that is the sum in dispute, overlooking, entirely, the fact that relator has complained of the setting aside of the finding of the referee in its favor, amounting to $2656.68 with interest from April 4, 1907. Had the Abbot-Gamble Company not filed exceptions to the referee’s report, that would have been the amount of the judgment. It did, however, file exceptions which were sustained…
1Opinion of the CourtLamm, J.
— The Federal Lead Company, complaining of the St. Louis Court of Appeals for that it was exercising jurisdiction of an appeal from a judgment of the St. Francois Circuit Court in favor of Abbot-Gamble Company against said Lead Company, moved for a preliminary rule here in prohibition. Such rule was issued and served, citing respondents, the judges of that court, to show cause. By their return and by a demurrer thereto, an issue at law is sprung, to-wit, whether, on that return and on the record lodged in the Court of Appeals in the original cause -(and presented here for our consideration),…
2Cases cited7 opinions
- State ex rel. Bixby v. City of St. LouisSupreme Court of Missouri · 1912
- McGregor v. PollardSupreme Court of Missouri · 1895
- Smith v. BaerSupreme Court of Missouri · 1902
- Wilson v. RusslerSupreme Court of Missouri · 1901
- Hensler v. StixSupreme Court of Missouri · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Higgins v. SmithSupreme Court of Missouri · 1940
- Shroyer v. Missouri Livestock Commission Co.Supreme Court of Missouri · 1933
- State Ex Rel. Burtrum v. SmithSupreme Court of Missouri · 1947
- Heuer v. UlmerSupreme Court of Missouri · 1954
- Lemonds Ex Rel. Lemonds v. HolmesSupreme Court of Missouri · 1950
9 more not listed; retrieve them via the Exa API.