State ex rel. Missouri Pacific Railway Co. v. Broaddus
Supreme Court of Missouri
Mandamus. (1) “It is well-settled law that the court to which an appeal must go is determined solely by the record of the case made in the trial court.” State ex rel. v. Smith, 176 Mo. 448. No new judgment having been entered by the circuit court, the appeal was necessarily from the judgment rendered on the 14th day of April, 1906, for §5,500, which was in excess of the jurisdiction of the Court of Appeals.
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Mandamus. (1) “It is well-settled law that the court to which an appeal must go is determined solely by the record of the case made in the trial court.” State ex rel. v. Smith, 176 Mo. 448. No new judgment having been entered by the circuit court, the appeal was necessarily from the judgment rendered on the 14th day of April, 1906, for §5,500, which was in excess of the jurisdiction of the Court of Appeals. It argues nothing to say that a new judgment ought to have been entered. It was not done, but that was no fault of relator,- and there was nothing for relator to do but to' appeal from the…
1Opinion of the CourtWoodson, J.
— This is a proceeding by mandamus, instituted by the relator against the respondents, judges of the Kansas City Court of Appeals, commanding them to transfer to this court the case of J. M. Partello against relator, the Missouri Pacific Railway Company, which was an appeal from a judgment of the circuit court of Jackson county in favor of said Partello and against said railway company.
The facts of the case are undisputed, and are substantially as follows, as appears from the alternative writ, to-wit:
On the 14th day of April, 1906, on the trial of the case of J. M. Partello v. The Missouri…
2Cases cited2 opinions
- Schilling v. SpeckSupreme Court of Missouri · 1858
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- Steuernagel v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Schwyhart v. BarrettSupreme Court of Missouri · 1909
- Gray v. Doe Run Lead Co.Supreme Court of Missouri · 1932
- Swanson v. HoltCourt of Appeals of Texas · 1932
- Lasley v. RidenourMissouri Court of Appeals · 1954
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