Ostmann v. Frey
Missouri Court of Appeals
Appeal from St. Charles Circuit Court, — No». Jas. 'D. Barnett, Judge, (1) After the affidavit for an appeal was made and the appeal bond approved by Justice Frey, his jurisdiction over the case ceased. Ostmann had done all the law required him to do. If the learned prosecuting attorney of St. Charles county desired an affirmance of the judgment he could have presented a copy of the record below and asked for an affirmance.
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Appeal from St. Charles Circuit Court, — No». Jas. 'D. Barnett, Judge, (1) After the affidavit for an appeal was made and the appeal bond approved by Justice Frey, his jurisdiction over the case ceased. Ostmann had done all the law required him to do. If the learned prosecuting attorney of St. Charles county desired an affirmance of the judgment he could have presented a copy of the record below and asked for an affirmance. The statutes of the State provide no means' whereby Ostmann could have obtained relief. Certiorari would not help him. Moore v. Euby, 8 Mo. App. 156; Breen v. Welz, 4 Mo.…
1Opinion of the CourtNortoni, J.
This is an application for a prohibition which originated in the circuit court. Upon filing the petition, summons was duly issued and served on defendants who appeared in due time and filed their answer. ' The issues having been thus made up, after hearing the evidence on behalf of both parties, the court denied the writ, dismissed the petition and entered judgment accordingly. From this judgment the plaintiff prosecutes the appeal. The rule formerly obtained in this State as at common law, to the effect that though an appeal was a proper remedy on behalf of the respondent when the circuit…
2Cases cited18 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- State ex rel. Laclede Bank v. LewisSupreme Court of Missouri · 1882
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3Cited by4 opinions
- Yelton v. BeckerMissouri Court of Appeals · 1952
- Bee Hive Mining Co. v. Industrial CommissionSupreme Court of Virginia · 1926
- State Ex Rel. Kane v. DoblerWyoming Supreme Court · 1938
- Pierce v. CaldwellIdaho Supreme Court · 1961