Fulton v. Fisher
Supreme Court of Missouri
Prohibition. (1) It is elementary that when an original bill is dismissed before final hearing, a cross-bill filed by a defendant falls with it. Cross, v. De Valle, 1 Wall. (U. S.), 14; Dows v. Chicago, 11 Wall.
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Prohibition. (1) It is elementary that when an original bill is dismissed before final hearing, a cross-bill filed by a defendant falls with it. Cross, v. De Valle, 1 Wall. (U. S.), 14; Dows v. Chicago, 11 Wall. (U. S.) 112; Dewey v. Gas Coal Co., 123 U. S. 334; United States v. Land Co., 192 U. S. 355; C. & A. v. U. R. M. Co., 109 U. S. 713; Joyce v. Growney, 154 Mo. 253; Manning v. Gasharie, 27 Ind. 399; Krenning Co. v. Moore, 49 W. Va. 323; Mathison v. St. Lonis, 156 Mo. 196; Life Ins. Co. v. Webb, 54 Ala. 694; Abels v. Ins. Co., 92 Ala. 383. We believe there is no case in the books which…
1Opinion of the Court
VALLIANT, O. J.
— Petitioner seeks a writ to prohibit the respondent, one of the judges of the St. Louis Circuit Court, from entertaining jurisdiction of a cross-bill filed by one of the defendants against its codefendants and the plaintiff in an equity suit in that court. The petition alleges that the original suit has been dismissed by the plaintiff, but the court lias refused to dismiss the cross-bill and is assuming to exercise jurisdiction to hear and determine the issues presented by it. The petitioner in this proceeding is one of the defendants in the original equity suit, and is the…
2Cases cited3 opinions
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- Joyce v. GrowneySupreme Court of Missouri · 1900
- Mathiason v. St. LouisSupreme Court of Missouri · 1900
3Cited by26 opinions
- Jones v. JonesSupreme Court of Missouri · 1930
- State ex rel. Bernero v. McQuillinSupreme Court of Missouri · 1912
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Campbell v. SpottsSupreme Court of Missouri · 1932
- Maupin Ex Rel. Maupin v. LongacreSupreme Court of Missouri · 1926
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