Sperling v. Stubblefield
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Ho». F. R. D earing, Judge. Every fact necessary to confer jurisdiction on a court must affirmatively appear in its proceedings. Vickery v. Railroad, 93 Mo. App. 1. The showing-made by plaintiffs did not entitle them to the mine pro tunc entry of judgment.
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Appeal from Stoddard Circuit Court. — Ho». F. R. D earing, Judge. Every fact necessary to confer jurisdiction on a court must affirmatively appear in its proceedings. Vickery v. Railroad, 93 Mo. App. 1. The showing-made by plaintiffs did not entitle them to the mine pro tunc entry of judgment. There is absolutely no evidence in this record showing that John G. "Wear, the trial judge, ever rendered any judgment upon the verdict of the jury, and the finding of Judge Dealing that such judgment was in fact pending must rest upon presumption alone. If no judgment was rendered at the term, it can…
1Opinion of the CourtGoode, J.
Action for damages for conversion of personal property. The case originated in Scott county and was sent on a change of venue to the circuit court of Stoddard county sitting at Dexter. In 1895 an act of the legislature was passed providing that two terms each year of the Stoddard circuit court should be held at Dexter and two terms at Bloomfield, the county seat. At the trial of this cause in the Dexter court, June 10, 1898, plaintiff obtained a verdict and defendant at once appealed. That appeal was dismissed February 27, 1900, because the record did not show'a judgment had been rendered in…
2Cases cited10 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Burnside v. WandSupreme Court of Missouri · 1902
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
- Priest v. McMasterSupreme Court of Missouri · 1873
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3Cited by4 opinions
- Aronberg v. AronbergMissouri Court of Appeals · 1958
- Fleming v. Clark Township of Chariton CountySupreme Court of Missouri · 1962
- Dorton v. Kansas City Railways Co.Missouri Court of Appeals · 1920
- Aronberg v. AronbergMissouri Court of Appeals · 1958