Legal Opinion

State ex rel. Craig v. Woodson

Supreme Court of Missouri

Decided May 21, 1895PublishedCited by 25 opinions

Prohibition. (1) It does not seem to be questioned that prohibition is the proper remedy to prevent the circuit court from proceeding to make orders for the enforcement of its judgment in a case which has been transferred to this court by appeal which operates as a supersedeas, or suspension or vacation of the judgment.

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Prohibition. (1) It does not seem to be questioned that prohibition is the proper remedy to prevent the circuit court from proceeding to make orders for the enforcement of its judgment in a case which has been transferred to this court by appeal which operates as a supersedeas, or suspension or vacation of the judgment. State ex rel. v. Lewis, 76 Mo. 370; State ex rel. v. Billon, 98 Mo. 90. (2) Under the statutes of this state, the appeal of the relator in the election contest operated as a supersedeas of the judgment in that case, or suspended its operation until the decision of the case in…

1Opinion of the Court

Sherwood, J. —

Enos Craig received his certificate of election as clerk of the county court of Buchanan county in November, 1894, it having been ascertained by the votes cast up and counted that he had received one more vote than Nash, his opponent and competitor for that office. In due time thereafter, Craig. received his commission from the governor, and, having qualified, etc., according to law, on the seventh of January, 1895, he took possession of the office in which he has ever since continued performing the duties thereof.

Nash in due form contested the validity of Craig’s election, and…

2Cases cited13 opinions

  1. St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
  2. Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
  3. McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
  4. Walls v. PalmerIndiana Supreme Court · 1878
  5. Jayne v. DrorbaughSupreme Court of Iowa · 1883

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3Cited by25 opinions

  1. Bd. of Com'rs of Creek v. Alexander, St. TreasurerSupreme Court of Oklahoma · 1916
  2. State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
  3. Foster v. Superior CourtCalifornia Supreme Court · 1896
  4. State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
  5. Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920

20 more not listed; retrieve them via the Exa API.

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