# Zeitinger v. Hargadine-Mckittrick Dry Goods Co.

> Supreme Court of Missouri · April 28, 1923 · 298 Mo. 461

URL: https://www.frixlaw.com/law-library/cases/3523117

## Case

- **Full name:** CHRISTIAN J. ZEITINGER Et Al. v. HARGADINE-McKITTRICK DRY GOODS COMPANY, Appellant; CHARLES a HOUTS, Intervener
- **Court:** Supreme Court of Missouri
- **Decided:** April 28, 1923
- **Citations:** 298 Mo. 461; 250 S.W. 913; 1923 Mo. LEXIS 178
- **Precedential status:** Published
- **Opinion:** Dissent by Ragland
- **Judges:** Walker, Bag-Land, Blair, Ragland, Jconcurs
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3523117

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3523117. Public record. Not legal advice.