Stutz v. Cameron
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Charles D. Steioart, Judge. (1) The court erred in not sustaining the motion of the appellants to dismiss this cause for the reason it had no jurisdiction on account of the defective notice.
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Appeal from Clark Circuit Court. — Hon. Charles D. Steioart, Judge. (1) The court erred in not sustaining the motion of the appellants to dismiss this cause for the reason it had no jurisdiction on account of the defective notice. The evidence shows that the notice of the presentation of the petition herein was posted on the 17th day of October, 1910, after dark and while the moon was shining, and the court will take judicial notice: 1st, that there are 31 days in the month of October; 2d, that the first Monday in November is the 7th day of said month. Discarding the first day, the count will…
1Opinion of the CourtGraves, J.
This is a road case, originating in the county court of Clark county, Missouri. The case was tried de novo in the circuit court of Clark county and from a judgment there an appeal was taken to the St. Louis Court of Appeals, which court transferred it to this court, for the reason that title to real estate is involved. Counsel do not differ materially in their statements of the case, and we adopt that of the appellants, because it is just a trifle more concise. Where counsel differ will be pointed out, if necessary. Appellants thus state the case:
“On the 7th day of November, 1910, it being…
2Cases cited6 opinions
- Womack v. McahrenIndiana Supreme Court · 1857
- Robinson v. FosterSupreme Court of Iowa · 1861
- Ryman v. ClarkIndiana Supreme Court · 1837
- Grading Bledsoe Hill v. BledsoeSupreme Court of Missouri · 1906
- Hathaway v. HathawayIndiana Supreme Court · 1851
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3Cited by11 opinions
- Osburn v. Supreme Express & Transfer Co.Missouri Court of Appeals · 1979
- State Ex Rel. Alton Railroad v. Public Service CommissionSupreme Court of Missouri · 1941
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
- Reeves v. Green.Supreme Court of Missouri · 1920
- Wasem v. Missouri Dental BoardMissouri Court of Appeals · 1966
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