Lackland v. Smith

Decision Date30 April 1882
Citation75 Mo. 307
PartiesLACKLAND v. SMITH et al., Appellants.
CourtMissouri Supreme Court

Appeal from St. Louis Court of Appeals.

AFFIRMED.

Castleman & Gibson for appellants.

Martin & Lackland for respondent.

SHERWOOD, C. J.

We are precluded from any examination into the merits of this cause, for the reason that when the cause came the first time up to the St. Louis court of appeals, that court reversed the judgment of the circuit court and sent the cause back with specific directions to that court, how to proceed. No appeal was taken from the judgment of the court of appeals, and consequently the judgment stands in full force to-day. The circuit court has conformed its action in the premises to the mandate of the court of appeals, the latter court has affirmed that judgment, and it only remains to say that on the authority of Chouteau v. Allen, 74 Mo. 56, and cases cited, we affirm the judgment of the court of appeals.

All concur.

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11 cases
  • Estes v. Nell
    • United States
    • Missouri Supreme Court
    • 6 Julio 1897
    ...v. Hornback, 109 Mo. 277; Treadway v. Johnson, 39 Mo.App. 176; Chouteau v. Allen, 74 Mo. 58; Lackland v. Smith, 5 Mo.App. 579; Lackland v. Smith, 75 Mo. 307. (4) As the court made no order for continuance nor for summons to the infant defendants, there was no authority in the clerk to issue......
  • Hennessy v. Bavarian Brewing Company
    • United States
    • Missouri Supreme Court
    • 22 Junio 1898
    ... ... Waggoner, 116 Mo. 143; ... Dowling v. Allen, 102 Mo. 213; Gaines v ... Fender, 82 Mo. 497; Conroy v. Vulcan Iron ... Works, 75 Mo. 651; Lackland v. Smith, 75 Mo ... 307; Adair Co. v. Owenby, 75 Mo. 282; Bank v ... Taylor, 62 Mo. 338; Grumley v. Webb, 48 Mo ... 563; Overall v. Ellis, 38 ... ...
  • Stump v. Hornback
    • United States
    • Missouri Supreme Court
    • 22 Diciembre 1891
    ...367; Grumley v. Webb, 48 Mo. 562; Overall v. Ellis, 38 Mo. 209; Bank v. Taylor, 62 Mo. 338; Adair Co. v. Ownby, 75 Mo. 282; Lackland v. Smith, 75 Mo. 307; McKinney Harral, 36 Mo.App. 338; Treadway v. Johnson, 39 Mo.App. 176. OPINION Macfarlane, J. This is a proceeding by plaintiffs, who wer......
  • Berry v. Rood
    • United States
    • Missouri Supreme Court
    • 26 Febrero 1908
    ...the mandate and the opinion and the issues made by the pleadings, which have been adjudicated. Lackland v. Smith, 5 Mo.App. 153, 579, 75 Mo. 307; State ex rel. v. Edwards, 144 Mo. 467; v. Doan, 146 Mo. 98; Gamble v. Gibson, 10 Mo.App. 327; Supervisor v. Kennicott, 94 U.S. 498; Riley v. Sher......
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