231 Mo. 208 | Mo. | 1910
This cause comes here from the St. Louis Court of Appeals on the dissent of one of the judges who deems the majority opinion of that court in conflict with certain decisions of this court, and on his request the cause is certified to this court under section 6 of the amendment of 1884 to article 6 of the Constitution.
The suit was begun in the circuit court of the city of St. Louis by the plaintiffs against the St. Louis Union Trust Company and others, plaintiffs claiming for themselves and others to be entitled to a certain fund in the hands of the St. Louis Union Trust Company. The Trust Company filed an answer and cross-bill in the nature of a bill of interpleader, asking to be allowed to pay the fund into the court, and be discharged with its costs and a reasonable allowance to pay its attorneys. The right to require the various claimants to interplead was resisted, and the question was on the right of the Trust Company to maintain its bill of interpleader. The decree was in favor of the Trust Company, the court decreeing that it might pay the fund into court and be discharged, and recover its costs to be taxed and a reasonable attorney’s fee, the amount to be by the court thereafter determined, and that the plaintiffs and the other defendants interplead for the fund. On appeal to this court the judgment was affirmed. [Little v. Union Trust Co., 197 Mo. 281.] When the cause went back to the circuit court a judgment was rendered awarding the Trust Company certain items of costs amounting to $371.74, and attorney’s fees to the amount of $1500. From that judgment an appeal was taken to the St. Louis Court of Appeals, where it was contended that the circuit court had no jurisdiction to render judgment fixing the amount of the costs and attorney’s fees; that the juris
It is only when a judge of the Court of Appeals deems one of its decisions to be contrary to a previous decision of any one of the courts of appeals or of this
There was no authority for transferring this cause to this court. It is therefore returned to the St. Louis Court of Appeals.