State ex rel. Williams v. Anthony
Missouri Court of Appeals
Original Proceeding by Prohibition. (1) When a cause is remanded with special directions to the trial court, the mandate operates as a special power of attorney to that court, and it is out of its power to open it up for other purposes; all of its acts in that direction are coram non judice; everything not included in the mandate is res adjudicata. Chouteau v. Allen, 74 Mo. 56; State ex rel. v. Qivan, 75 Mo. 516; Connor v. Pope, 23 Mo.
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Original Proceeding by Prohibition. (1) When a cause is remanded with special directions to the trial court, the mandate operates as a special power of attorney to that court, and it is out of its power to open it up for other purposes; all of its acts in that direction are coram non judice; everything not included in the mandate is res adjudicata. Chouteau v. Allen, 74 Mo. 56; State ex rel. v. Qivan, 75 Mo. 516; Connor v. Pope, 23 Mo. App. 344; Pomeroy v. Benton, 77 Mo; 64-80; McIntyre v. McIntyre, 24 Mo. App. 169; Stump v. Hornback, 109 Mo. 277; Hickman v. Link, 116 Mo. 123; Pitkin v.…
1Opinion of the CourtSmith, P. J.
This is an original application to this court for a writ of prohibition. A succinct history of the case may be stated in this way:
On.the. thirtieth day of June, 1893, the probate court of Q-entry county rendered a judgment in favor of the defendants in the ease of Lizzie D. Patton et al. v. Henry F. Williams, et al. Afterward and in due time the said plaintiffs endeavored to take an appeal from the said judgment to the circuit court by filing their affidavit and bond for such appeal, and that upon *549the filing of said affidavit and bond, the said probate judge announced that an appeal would…
2Cases cited15 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Stump v. HornbackSupreme Court of Missouri · 1891
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Hickman v. LinkSupreme Court of Missouri · 1893
- Hurck v. ErskineSupreme Court of Missouri · 1872
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- State Ex Rel. Garnholz v. La DriereSupreme Court of Missouri · 1957
- On RehearingIdaho Supreme Court · 1908
- State v. GettySupreme Court of Missouri · 1954
- State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.