State v. Biesemeyer
Missouri Court of Appeals
Appeal from Osage Circuit Court. — Hon. Wm. D. Davis, Judge. (1) The plea in abatement should have been sustained. There was no answer to it. The facts stated in the plea stood admitted. Rodney v. Gibbs, 184 Mo. 1; Walter Commission Co. v. Gilliland, 98 Mo. App. 584; Coberly v. Coberly, 1S9 Mo. 9; Courtney v. Fidelity & Mutual Aid Ass’n, 120 Mo.
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Appeal from Osage Circuit Court. — Hon. Wm. D. Davis, Judge. (1) The plea in abatement should have been sustained. There was no answer to it. The facts stated in the plea stood admitted. Rodney v. Gibbs, 184 Mo. 1; Walter Commission Co. v. Gilliland, 98 Mo. App. 584; Coberly v. Coberly, 1S9 Mo. 9; Courtney v. Fidelity & Mutual Aid Ass’n, 120 Mo. App. 117. (2) Defendant having been convicted for the same offense and an appeal granted at the same term, the court without the consent of defendant, could not set aside the judgment in that casé so as to try and convict him for the same offense on a…
1Opinion of the CourtEllison, J.
On information by the prosecuting attorney of Osage county the defendant was convicted in the circuit court for practicing dentistry without procuring a license as required by Laws 1905, p. 217. In due time he filed a motion for new trial and in arrest ;of judgment. These motions were overruled and thereupon he, in due form, applied for an appeal to this court, which was granted and he was released on a proper bond. Several days afterwards, but during the same term, it seems the trial court discovered that defendant had not been arraigned and thereupon, without any notice to him, set aside…
2Cases cited7 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- George v. MiddoughSupreme Court of Missouri · 1876
- Laughlin v. FairbanksSupreme Court of Missouri · 1844
- Wickham v. PageSupreme Court of Missouri · 1872
- Rich Hill Coal Mining Co. v. NeptuneMissouri Court of Appeals · 1885
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3Cited by6 opinions
- Dougherty v. Manhattan Rubber Manufacturing Co.Supreme Court of Missouri · 1930
- State v. SuttonSupreme Court of Missouri · 1911
- Nickolopolous v. EmeryUtah Supreme Court · 1922
- Rusk v. ThompsonMissouri Court of Appeals · 1913
- State Ex Rel. v. SchmollMissouri Court of Appeals · 1923
1 more not listed; retrieve them via the Exa API.