Brill v. Meek

20 Mo. 358 | Mo. | 1855

Scott, Judge.

When an appeal has once been granted, the power over the subject is functus officio and cannot be exercised a second time. This has been the uniform practice. After a party, from any cause, has lost the benefit of his appeal, he is driven to his writ of error. The appeal is dismissed,

Judge Ryland concurring; Judge Leonard not upon the bench.