Legal Opinion

Collier v. Wilson

Missouri Court of Appeals

Decided February 13, 1894PublishedCited by 2 opinions

■Appeal from the Laclede County Circuit Court. — Hon. C. C. Bland, Judge. The court, in which the application for change of venue is made, does not lose jurisdiction of the cause by the mere fact of the application, but it is the order granting the change of venue which divests it of jurisdiction and confers it upon the court to which the change is granted. Whits on v. Whitson, 89 Mo. 58. The record does not show that a change of venue was ordered.

Read the full summary

■Appeal from the Laclede County Circuit Court. — Hon. C. C. Bland, Judge. The court, in which the application for change of venue is made, does not lose jurisdiction of the cause by the mere fact of the application, but it is the order granting the change of venue which divests it of jurisdiction and confers it upon the court to which the change is granted. Whits on v. Whitson, 89 Mo. 58. The record does not show that a change of venue was ordered. It does show that the Laclede circuit court exercised jurisdiction which alone belonged to Camden county. The acquiescence or consent of parties…

1Opinion of the CourtBiggs, J.

— This is an action on a promissory note for $50 with some accrued interest. There was a judgment for the plaintiff for the full amount. On this appeal the appellant, Wilson, assigns for error that the court of Laclede county had no jurisdiction of the action, and that the judgment is unsupported by the evidence.

The record shows that the suit was originally brought before a justice of the peace in Camden ■county. The plaintiff had judgment before the justice, ■ and the defendants appealed to the circuit court. Subsequently, the defendants made an application to the judge of the circuit court…

2Cases cited4 opinions

  1. Fields v. MaloneySupreme Court of Missouri · 1883
  2. Bray v. MarshallSupreme Court of Missouri · 1877
  3. State v. HawsSupreme Court of Missouri · 1889
  4. Morris v. LaneMissouri Court of Appeals · 1891

3Cited by2 opinions

  1. Scott Hardware Co. v. RiddleMissouri Court of Appeals · 1900
  2. Bank of Kennett v. Cotton Exchange BankMissouri Court of Appeals · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API