Crouse v. Greensfelder
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Tbe circuit court erred in refusing to bear or take jurisdiction of this case upon appeal to it; the appeal was from a judgment of the probate court based upon' the verdict of a jury, and the right of appeal from such judgment is expressly given by statute.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Tbe circuit court erred in refusing to bear or take jurisdiction of this case upon appeal to it; the appeal was from a judgment of the probate court based upon' the verdict of a jury, and the right of appeal from such judgment is expressly given by statute. Sec. 1674, R. S. 1899; Coleman v. Farrar, 112 Mo. 54; In re Marquis, 85 Mo. 615. (1) The jurisdiction of the probate court is of statutory creation and of limited jurisdiction and as such is dependent on and restricted by the act creating it. Kenrick v. Cole,…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Counsel for appellant relies on section 1674, Revised Statutes 1899, which by the fourth subdivision confers upon the circuit courts appellate jurisdiction “from the judgments and orders of county courts, probate courts and justices of the peace, in all cases not ex*548pressly prohibited by law, and shall possess a superintending control over them,' and a general control over executors, administrators, guardians, curators, minors, idiots, lunatics and persons of unsound mind.” Referring to this section, this court, in Morris v. Morris, 128 Mo. App. 673, in which case a…
2Cases cited21 opinions
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- Coleman v. FarrarSupreme Court of Missouri · 1892
- Sheridan v. FlemingSupreme Court of Missouri · 1887
- Snyder v. SnyderIllinois Supreme Court · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
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3Cited by10 opinions
- State ex rel. Crouse v. MillsSupreme Court of Missouri · 1910
- State ex rel. Nolte v. McQuillinSupreme Court of Missouri · 1912
- Insanity of Harrelson v. FlournoyMissouri Court of Appeals · 1934
- State ex rel. Gardiner v. DickmanMissouri Court of Appeals · 1913
- State Ex Rel. Wilkerson v. SkinkerSupreme Court of Missouri · 1939
5 more not listed; retrieve them via the Exa API.