State v. Thompson
| Decision Date | 23 April 1888 |
| Citation | 30 Mo.App. 503 |
| Parties | STATE OF MISSOURI, Defendant in Error, v. CHARLES E. THOMPSON, Plaintiff in Error. |
| Court | Kansas Court of Appeals |
ERROR to Buchanan Criminal Court, HON. SILAS WOODSON, Judge.
Writ of error dismissed.
The case is stated in the opinion.
T. W. HARL and JAS. H. RINGO, for the plaintiff in error.
B. G. BOONE, Attorney General, for the state.
The defendant was indicted and convicted on several counts for selling intoxicating liquors on Sunday, and keeping open his grocery-store and tippling-house, and transacting business on Sunday. From this judgment he appealed, and gave a supersedeas bond. Afterwards he sued out a writ of error from the clerk's office of this court, in vacation, and brought the case here on writ of error. It is on this record the cause has been submitted. The record shows the fact of taking said appeal. That appeal has never been disposed of, and is yet pending. A party is not entitled to pursue both remedies, of appeal and writ of error, simultaneously. He was not entitled to his writ of error, at least until the appeal was dismissed. For that appeal is yet pending, and the supersedeas is in force. Chinn v. Davis, 21 Mo.App. 363.
The writ of error is, therefore, dismissed.
All concur.
To continue reading
Request your trial
-
State v. Ashworth
...nobis proceedings was denied. It is elementary that the remedies of error and appeal may not be prosecuted simultaneously. [State v. Thompson, 30 Mo.App. 503.] eliminated from our consideration that part of the record complained of by the State in its motion to strike, we pass to a consider......
-
State v. Rosenblatt
......On the same day he filed a. motion in arrest of judgment, and this motion, as shown by. the record, remains undisposed of, so that no final judgment. has been rendered by the court below. Cullen v. Whealdon, 1. Mo. 1; Harr v. Knighton, 9 Mo. 180; Posy v. Buckner, 3 Mo. 604; State v. Thompson, 30. Mo.App. 503. Where the record shows that a case has not been. disposed of by the lower court, but is there pending on a. motion in arrest of judgment, a writ of error will be. dismissed. Williams v. Jones, 69 Ga. 757; Young. v. Grundy, 6 Cranch 51; Winn v. Jackson, 12. Wheat. 135; ......
- State v. Hamlett
-
Burdett v. Dale
...... support of the motion. As the conclusion we reach will. finally dispose of the case, it seems appropriate to state. our reasons therefor (R. S. 1899, sec. 871). . . 1. The. appeal which plaintiffs took from the judgment of February 1,. ... judgment whose enforcement was suspended by the appeal with a. bond for stay of execution, as in this case. State v. Thompson, 30 Mo.App. 503. . . It is. claimed by plaintiffs that their action implied an. abandonment of the appeal and left them free ......