Shull v. Boyd
Supreme Court of Missouri
Appeal from Buclianan Circuit Court. — Eon. Luden J. Eastin, Judge. (1) That Mosman had no jurisdiction as a judge of a court to enter the pretended judgment and issue the pretended commitment, is shown by the evidence to the effect that there was no case on trial when he pretended to enter of record an order upon which the commitment for alleged contempt was issued by him.
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Appeal from Buclianan Circuit Court. — Eon. Luden J. Eastin, Judge. (1) That Mosman had no jurisdiction as a judge of a court to enter the pretended judgment and issue the pretended commitment, is shown by the evidence to the effect that there was no case on trial when he pretended to enter of record an order upon which the commitment for alleged contempt was issued by him. No case being on trial, he had no legal right to proceed at all against appellant for refusing to answer questions. He could not commit for contempt for failure to answer questions. The pretended judgment and commitment…
1Opinion of the CourtLamm, J.
Plaintiff, an attorney at law, sued Laura E. Keller and James W. Boyd, her attorney, for false imprisonment, with the averment that the acts complained of were without excuse or provocation and maliciously done, laying his damages at $10,000 actual and $25,000 punitive.
*459At the close of his own evidence plaintiff dismissed Laura E. Keller, and, on behalf of defendant Boyd, the court gave an instruction directing the jury to return a verdict for him. Saving an exception, plaintiff took a nonsuit with leave. Failing to have the nonsuit set aside on timely motion, plaintiff again excepted and…
2Cases cited14 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Burns v. Superior CourtCalifornia Supreme Court · 1903
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- Peck v. ChouteauSupreme Court of Missouri · 1886
- In re ShullSupreme Court of Missouri · 1909
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3Cited by15 opinions
- Hayes v. ManningSupreme Court of Missouri · 1914
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1943
- State ex rel. Barker v. Assurance Co. of AmericaSupreme Court of Missouri · 1913
- State Ex Rel. Rowland Group, Inc. v. KoehrSupreme Court of Missouri · 1992
- City of St. Louis v. BoosMissouri Court of Appeals · 1973
10 more not listed; retrieve them via the Exa API.