Legal Opinion

State ex rel. Duggan v. Dillon

Missouri Court of Appeals

Decided June 16, 1888PublishedCited by 1 opinion

Application for a writ of prohibition. Pending an appeal, the court had no right to make the order of distribution, because a violation of its own decision at the previous term in the same cause. By appeal it lost all jurisdiction of the ca'se. Ladd v. Couzins, 35 Mo. 513; Stewart v. Stringer, 41 Mo. 405; Baasenv.

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Application for a writ of prohibition. Pending an appeal, the court had no right to make the order of distribution, because a violation of its own decision at the previous term in the same cause. By appeal it lost all jurisdiction of the ca'se. Ladd v. Couzins, 35 Mo. 513; Stewart v. Stringer, 41 Mo. 405; Baasenv. Biters, 11 Wis. 77; Bryan v. Berry, 3 Cal. 135; Levi v. Barrióle, 15 Iowa, 444; Lsler v. Brown, 69 N. C. 125; Thomas v. Sullivan, 11 Nev. 280 ; Whaley v. Charleston, 8 S. C. 346; Holland v. State, 15 Fla. 552. “But writ of error or appeal lies.” True, as a rule, this fact is an…

1Opinion of the CourtThompson, J.

This application arises in this way: On the sixteenth of June, 1881, Michael Carroll recovered a judgment in the circuit, court of Dubuque county, Iowa, against John Thornton for the sum of $4,499.00 with interest and costs. Thereafter Carroll commenced a suit in equity in the circuit court of the city of St. Louis, to sequester. certain annuities payable to Thornton as life tenant by Peter Richard Kenrick, trustee. By consent, Archbishop Kenrick paid into court two semi-annual instalments of the profits of the estate held by him, and the court made an order that he should pay into court the…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Missouri Pacific Railway Co. v. AtkisonMissouri Court of Appeals · 1885
  2. State ex rel. Gawtry v. AdamsMissouri Court of Appeals · 1881

3Cited by1 opinion

  1. Winner v. ChucartMissouri Court of Appeals · 1919

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