Brill v. Meek
20 Mo. 358
Mo.
1855
Check Treatment
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.