Lewellyn v. Lewellyn
Missouri Court of Appeals
Appeal from Clark Circuit Court. — lion. E. B. McKee, Judge. (1) The trial court had no jurisdiction over case or cause of action, because there was no certified transcript of the record and proceedings had in the probate court relating to the case, transmitted to the clerk of the trial court as required by law.
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Appeal from Clark Circuit Court. — lion. E. B. McKee, Judge. (1) The trial court had no jurisdiction over case or cause of action, because there was no certified transcript of the record and proceedings had in the probate court relating to the case, transmitted to the clerk of the trial court as required by law. There is no certificate under seal, or without seal, showing the pretended transcript filed in trial court to be the proceedings of any court.' Nor is there anything in it showing that the clerk or judge’s name is to it; nor as to who was the clerk or judge of said court at the time…
1Opinion
ON MOTION EOR REHEARING.
•This proceeding was begun in the probate court of Clark county. It is under the statute, to revoke the letters of respondent as administrator of the estate of John W. Lewellyn. A trial in the probate court resulted in a judgment for the *13administrator from which his adversaries appealed to the circuit court. In the latter court, on a trial de novo, a judgment was rendered revoking his letters, from which he appealed to this court. At the October term, 1900, of this court, diminution of the record was suggested by both parties and leave was taken to supply the records…
2Cases cited4 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- Cooper v. CooperIndiana Supreme Court · 1882
- Elsenrath v. KallmeyerMissouri Court of Appeals · 1895
- Lilly v. StateSupreme Court of Missouri · 1831