State ex rel. Hyatt v. Smith
Supreme Court of Missouri
Mandamus. (1) Mandamus will lie from the supreme court to the court of appeals to compel the reinstatement of an appeal improperly dismissed. State ex rel. v. Philips, 97 Mo. 333. (2) The statute requires the appellant to cause a “certified copy of the record entry of the judgment order or decree appealed from ” to be sent up. R. S. 1889, sec. 2253. The judgment appealed from in this case was clearly the judgment sustaining the attachment.
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Mandamus. (1) Mandamus will lie from the supreme court to the court of appeals to compel the reinstatement of an appeal improperly dismissed. State ex rel. v. Philips, 97 Mo. 333. (2) The statute requires the appellant to cause a “certified copy of the record entry of the judgment order or decree appealed from ” to be sent up. R. S. 1889, sec. 2253. The judgment appealed from in this case was clearly the judgment sustaining the attachment. R. S. 1853, sec. 562 ; Duncan v. Forgey, 25 Mo. App. 310 ; Hicks v. Martin, 25 Mo. App. 365 ; Metzenberger v. Keil, 31 Mo. App. 130. (3) The filing of the…
1Opinion of the CourtBarclay, J.
This is a proceeding in which relator seeks by mandamus to compel the judges of the Kansas City court of appeals to hear and determine a cause entitled Mackey v. Hyatt. The relator here was the defendant there.
That cause was an ordinary action, involving less than $1,000, begun by attachment. A plea in abatement was filed, upon which (after a trial) there was a finding for plaintiff, sustaining the attachment. Defendant made motions for new trial and in arrest, thereafter, which were denied. Exceptions, embracing the rulings at the trial of the attachment issue, and on the motions were duly…
2Cases cited5 opinions
- Young v. HudsonSupreme Court of Missouri · 1889
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Jones v. EvansSupreme Court of Missouri · 1883
- Mackey v. HyattMissouri Court of Appeals · 1890
3Cited by21 opinions
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- Lingo v. BurfordSupreme Court of Missouri · 1892
- State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
- State Ex Rel. John v. MorrisTexas Supreme Court · 1893
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893
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