Hartzfeld v. Taylor
Supreme Court of Missouri
Appeal from Yernon Circuit Court. — Row. R. C. Timmonds, Judge. In appeal cases from inferior courts to the circuit court the transcript is the authority of the appellate court to hear and determine the cause, and when the transcript shows the circuit court had no jurisdiction to try and determine the cause, it necessarily follows that the Supreme Court has no jurisdiction. R. S. 1899, sec. 4069; Devore v. Staeckler, 49 Mo.
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Appeal from Yernon Circuit Court. — Row. R. C. Timmonds, Judge. In appeal cases from inferior courts to the circuit court the transcript is the authority of the appellate court to hear and determine the cause, and when the transcript shows the circuit court had no jurisdiction to try and determine the cause, it necessarily follows that the Supreme Court has no jurisdiction. R. S. 1899, sec. 4069; Devore v. Staeckler, 49 Mo. App. 547; Smith v. Chapman, 71 Mo. 217; Kelm v. Hunkier, 49 Mo. App. 664. Respondent correctly quotes the transcript of the county clerk on the appeal from the county to…
1Opinion of the CourtValliant, P. J.
Proceeding begun in the county court of Yernon county to establish what is denominated in the petition as “a private way of necessity” to connect with a public road- across the land of the defendant. The petition was in proper form, notice duly served, and after regular proceedings there was a judgment in the county court establishing the road as prayed and assessing the damages, which the petitioner paid to' the county treasurer for the use of the defendant. An appeal was taken to the circuit court where the cause was tried de novo and again a judgment was rendered establishing the road as…
2Cases cited5 opinions
- Bennett v. HallSupreme Court of Missouri · 1904
- Seafield v. BohneSupreme Court of Missouri · 1902
- Smith v. ChapmanSupreme Court of Missouri · 1879
- Kelm v. HunklerMissouri Court of Appeals · 1892
- Devore v. StaecklerMissouri Court of Appeals · 1892
3Cited by3 opinions
- State Ex Rel. McNary v. HaisSupreme Court of Missouri · 1984
- Shields v. ShieldsDistrict Court, W.D. Missouri · 1939
- State Ex Rel. McNary v. HaisSupreme Court of Missouri · 1984