Johnston v. Ragan
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. ZL Middlebrook and Hon. W. A. Powell, Judges. (1) Judge Park was without power to hear the case, (a) The suit was filed at Independence, where Judge Powell presided. The record does not show that Judge Powell was “sick, absent or from any cause” was unable or-disqualified to try the case. On the contrary, the record shows that he was present and holding court.
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Appeal from Jackson Circuit Court. — Hon. R. ZL Middlebrook and Hon. W. A. Powell, Judges. (1) Judge Park was without power to hear the case, (a) The suit was filed at Independence, where Judge Powell presided. The record does not show that Judge Powell was “sick, absent or from any cause” was unable or-disqualified to try the case. On the contrary, the record shows that he was present and holding court. Judge Park was, therefore, without power to hear the evidence, or to take any other step in the case. R. S. 1909, secs. 3960, 3967, 1927, 1928; Laws 1905-, p. 123, sec. 7; Laws 1907, p. 202,…
1Opinion of the CourtWalker, J.
Tliis is an action brought in the circuit court of Jackson county at Independence in October, 1909, under section 2535', Revised Statutes 1909, to ascertain and determine the title to certain land in said county described in the petition. Upon a trial, before the court, judgment was rendered for the plaintiff, from which the defendants appeal.
Stephen C. Ragan, who died in October, 1908, was the common source of title. The plaintiff was his sister. In 1887 and 1888 she loaned him and another $7200, evidenced by four promissory notes in different amounts and due at different times, the last…
2Cases cited24 opinions
- Neenan v. SmithSupreme Court of Missouri · 1872
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- State ex rel. Spriggs v. RobinsonSupreme Court of Missouri · 1913
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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3Cited by21 opinions
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- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- State ex rel. Caruthers v. Little River Drainage DistrictSupreme Court of Missouri · 1917
- State Ex Rel. Moseley v. LeeSupreme Court of Missouri · 1928
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