131 Mo. 681 | Mo. | 1895
When the case of which this seems to be an offshoot was before this court on a former occasion, Rees v. McDaniel, 115 Mo. 145, the judgment was reversed and the cause remanded with specific
The rule as announced by this court is that, where a cause is remanded by us with directions as to further proceedings, the case does not occupy the same status as if it had been simply reversed and remanded, but that where special directions have been given, it is out of the power of the lower court to do anything beyond or not embraced in the specific directions. Shroyer v. Nickell, 67 Mo. 589; Hurck v. Erskine, 50 Mo. 116; Chouteau v. Allen, 74 Mo. 56; Stump v. Hornback, 109 Mo. 272. The judgment is affirmed.