Brill v. Meek
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. A judgment was rendered for Brill below, in November, 185B, and Meek took an appeal to the Supreme Court, where it was dismissed because not prosecuted.
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Appeal from Weston Court of Common Pleas. A judgment was rendered for Brill below, in November, 185B, and Meek took an appeal to the Supreme Court, where it was dismissed because not prosecuted. In February, 1854, Meek again appeared before the court below, and filed a new bond and prayed another appeal, which was granted. now moved to dismiss the second appeal, on the ground that only one appeal could be allowed, even within the year; as otherwise the respondent might be harassed by successive appeals, and subjected to great trouble and expense. If an appeal is dismissed, the penalty is the…
1Opinion of the Court
Scott, Judge.
When an appeal has once been granted, the power over the subject is functus officio and cannot be exercised a second time. This has been the uniform practice. After a party, from any cause, has lost the benefit of his appeal, he is driven to his writ of error. The appeal is dismissed,
Judge Ryland concurring; Judge Leonard not upon the bench.
2Cited by12 opinions
- Reed v. BrightSupreme Court of Missouri · 1911
- Samstag v. ConleySupreme Court of Missouri · 1877
- Chinn v. DavisMissouri Court of Appeals · 1886
- Schmeer v. SchmeerOregon Supreme Court · 1888
- Harris v. FerrisSupreme Court of Florida · 1881
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