Legal Opinion

Gipson v. Powell

Supreme Court of Missouri

Decided February 19, 1902PublishedCited by 5 opinions

Transferred from Kansas Gity Court of Appeals, (1) The right to change of venue is entirely of statutory regulation, and unless some authority is given by the statutes none exists. Earning v. Eailroad, 157 Mo. 477; State v. Sanders, 106 Mo. 188; State ex rel. v. Wofford, 119 Mo. 408; Lewin v. Dille, 17 Mo. 64; State v. Turlington, 102 Mo; 642; Gee v. Eailroad, 140 Mo. 314. (2) The application did not comply with the statutes.

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Transferred from Kansas Gity Court of Appeals, (1) The right to change of venue is entirely of statutory regulation, and unless some authority is given by the statutes none exists. Earning v. Eailroad, 157 Mo. 477; State v. Sanders, 106 Mo. 188; State ex rel. v. Wofford, 119 Mo. 408; Lewin v. Dille, 17 Mo. 64; State v. Turlington, 102 Mo; 642; Gee v. Eailroad, 140 Mo. 314. (2) The application did not comply with the statutes. E. S. 1889, sec. 2260, and secs. 2261, 2262, as amended, Laws 1895, pp. 92, 93; Eailroad v. Holladay, 131 Mo. 452; State to use v. Matlock, 82 Mo. 455. Irregularities in…

1Opinion of the CourtValliant, J.

This is a suit in equity to enjoin the defendants from prosecuting a replevin suit. It was begun in the circuit court of Grundy county and sent by change of venue to the circuit court of Daviess county, where the trial resulted in a decree for defendants, dismissing the plaintiff’s bill. Plaintiff appealed to the Kansas City Court of Appeals, which court had appellate jurisdiction of the case. The order for the change of venue having been made on the application of the defendant and over the objection of the plaintiff, one of the questions in the record relate to the sufficiency of that…

2Cases cited1 opinion

  1. Gee v. St. Louis Railway Co.Supreme Court of Missouri · 1897

3Cited by5 opinions

  1. Child Saving Institute v. KnobelSupreme Court of Missouri · 1931
  2. Keller v. SummersSupreme Court of Missouri · 1914
  3. State v. BuckleySupreme Court of Missouri · 1927
  4. Edwards v. BellSupreme Court of Missouri · 1938
  5. State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911

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