Nofsinger v. Hartnett
Supreme Court of Missouri
Appeal from SI. Louis Oourt of Appeals. The judgment of an appellate oourt, by operation of law, becomes the judgment of the court below, and, in its force and effect, is as binding and conclusive upon that court as though it had been rendered of its own motion. Archer v. Hart et al., 5 Fla. 234; Gardner v. Barney, 24 Howard Pr. 467; Robinson v. Plimpton, 25 N. Y. 487 ; Hinckley v. Kreitz, 58 N. Y. 583, 587; Smith v. Grouse, 24 Barb. 433 ; Babbittv.
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Appeal from SI. Louis Oourt of Appeals. The judgment of an appellate oourt, by operation of law, becomes the judgment of the court below, and, in its force and effect, is as binding and conclusive upon that court as though it had been rendered of its own motion. Archer v. Hart et al., 5 Fla. 234; Gardner v. Barney, 24 Howard Pr. 467; Robinson v. Plimpton, 25 N. Y. 487 ; Hinckley v. Kreitz, 58 N. Y. 583, 587; Smith v. Grouse, 24 Barb. 433 ; Babbittv. Finn, 101 U. S. 7; Bayliss on Sureties, p. 172; Brandt on Suretyship, par. 401; ». King, 7 Bradwell 549 ; Grane v. Weymouth, 54 Cal. 476. (1) An…
1Opinion of the CourtSherwood, J.
Plaintiff recovered judgment in the St. Louis circuit court against John Ring, and he appealed to the St. Louis court of appeals, giving James Reilly, Hartnett’s intestate, as one of his sureties on his bond, which was conditioned as follows: “ The condition ©f the above obligation is such, that whereas, John Ring has appealed from the judgment rendered against him, and in favor of P. B. Nofsinger et ml. in the circuit court of St. Louis county ; now said appellant shall prosecute his appeal with due diligence to a decision in the St. Louis court of appeals, and shall perform such judgment as…
2Cases cited9 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Babbitt v. FinnSupreme Court of the United States · 1880
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Doolittle v. . DininnyNew York Court of Appeals · 1865
- Justices of the Inferior Court ex rel. Selman v. SelmanSupreme Court of Georgia · 1849
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3Cited by25 opinions
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
- Stianson v. StiansonSouth Dakota Supreme Court · 1918
- McQuitty v. WilhiteSupreme Court of Missouri · 1909
- Turner v. KirkwoodCourt of Appeals for the Tenth Circuit · 1931
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