Opinion

Zeitinger v. Hargadine-Mckittrick Dry Goods Co.

  • 298 Mo. 461
  • 250 S.W. 913
  • 1923 Mo. LEXIS 178
Court
Supreme Court of Missouri
Filed
Apr 28, 1923
Status
Published
Author
Ragland
On the bench
Walker, Bag-Land, Blair, Ragland, Jconcurs
Cited by
19 cases

The opinion

RAGLAND, J.

(dissenting). — As appears from the opinion of my learned associate, this proceeding is not in any proper sense an intervention. It does not grow cut of any of the issues adjudicated in the original suit in equity, in which it purports to be an intervention, nor does it arise as a consequence of the decree therein. It is simply an action at law attempted to be engrafted by consent on the equity suit, with respect to which it is not only collateral, but wholly independent and unrelated. Appellate jurisdiction in the equity suit cannot therefore draw after it jurisdiction of the appeal in this. As that

*474

is the only possible ground on which, our jurisdiction can be predicated in this case, I am of the opinion that the canse should be transferred to the St. Louis Court of Appeals.

James

T.

Blair,

Jconcurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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