State ex rel. Partridge v. Lewis
Supreme Court of Missouri
Original Mandamus. This was an application for a mandamus against Judges Lewis, Bakewell and Hayden, the judges of the St. Louis court of appeals, to compel them to entertain an application made to that court for the approval of an appeal bond, and, if the bond should be found sufficient, the granting of a supersedeas. The relator had already applied for, and the court had allowed, an appeal to the-Supreme Court.
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Original Mandamus. This was an application for a mandamus against Judges Lewis, Bakewell and Hayden, the judges of the St. Louis court of appeals, to compel them to entertain an application made to that court for the approval of an appeal bond, and, if the bond should be found sufficient, the granting of a supersedeas. The relator had already applied for, and the court had allowed, an appeal to the-Supreme Court. When the 'application for the approval of the bond was made, they decided that an appeal having been granted, the court of appeals had no further jurisdiction of the case, and…
1Opinion of the CourtSherwood, C. J.
The statutbry provisions regarding appeals to this court, so far as necessary to be quoted, are *171that: “ No such appeal shall be allowed, unless : Eirst, it be made during the term at which the judgment or decision appealed from was rendered; and second, the appellant or his agent shall, during the same term, file in the court his affidavit, stating, &c.; and third, all appeals from the St. Louis court of appeals shall be taken within fifteen days after the day upon which judgment was rendered,” &c. R. S. 1879, § 3712. “Upon the appeal being made, the court from which an appeal is prayed shall…
2Cited by14 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
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