Legal Opinion

Bremen Bank v. Umrath

Missouri Court of Appeals

Decided November 7, 1893PublishedCited by 12 opinions

Appeal from the St. Louis City Circuit Court, — Hon. John A. Harrison, Special. Judge. (1) -The act of 1891 is not applicable to the city of St. Louis. Constitution, art. 6, sec. 27, Revised Statutes, 1889, secs. 14, 15 and 16. State ex rel. v. Smith, 44 Mo. 112. If one of the judges of the circuit court of that city is incapacitated from acting, one of the other judges of that court can sit in his place.

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Appeal from the St. Louis City Circuit Court, — Hon. John A. Harrison, Special. Judge. (1) -The act of 1891 is not applicable to the city of St. Louis. Constitution, art. 6, sec. 27, Revised Statutes, 1889, secs. 14, 15 and 16. State ex rel. v. Smith, 44 Mo. 112. If one of the judges of the circuit court of that city is incapacitated from acting, one of the other judges of that court can sit in his place. (2) That act did not invest the' special judge in the case at bar with the power to act upon the motion for new trial. Gale v. Michie, 47 Mo. 328, Allen v. Snyder, 82 Mo. 256; Meyer v.…

1Opinion of the CourtBond, J.

This appeal -was taken from an order granting a new trial herein made by Special Judge Harrison for the reasons set out in the order sustaining the same, to-wit: “Not having heard *46the evidence in the case, and not being advised therein and being unable to pass upon the merits of said motion, it is therefore ordered by the court that the motion for a new trial herein be sustained, and that the judgment rendered on the sixteenth day of January, 1892, be set aside and for naught held and •esteemed. To the action sustaining said motion the plaintiff then and there also duly excepted and in due…

2Cases cited3 opinions

  1. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  2. Woolfolk v. TateSupreme Court of Missouri · 1857
  3. Cocker v. CockerSupreme Court of Missouri · 1874

3Cited by12 opinions

  1. Kroh Bros. Development Co. v. State Line Eighty-Nine, Inc.Missouri Court of Appeals · 1974
  2. Hilderbrand v. AndersonMissouri Court of Appeals · 1954
  3. Parks v. ThompsonSupreme Court of Missouri · 1952
  4. Christopher & Simpson Architectural Iron & Foundry Co. v. KellyMissouri Court of Appeals · 1901
  5. Holborn v. NaughtonMissouri Court of Appeals · 1894

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