Fidelity Trust Co. v. Mexico, Santa Fe & Perry Traction Co.
Supreme Court of Missouri
Error to Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The writ of error is insufficient to bring any record before this court, and especially the record in the intervening or branch, case between Brown, Trustee., as claimant, and Fidelity Trust Company, which is apparently the record-sought to be reviewed; the writ wholly fails to name the parties to the cause below,, and is fatally defective. ' Miller v. McKenzie, 10 Wall. 582; Davenport v. Fletcher, 16 How.…
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Error to Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The writ of error is insufficient to bring any record before this court, and especially the record in the intervening or branch, case between Brown, Trustee., as claimant, and Fidelity Trust Company, which is apparently the record-sought to be reviewed; the writ wholly fails to name the parties to the cause below,, and is fatally defective. ' Miller v. McKenzie, 10 Wall. 582; Davenport v. Fletcher, 16 How. 142-143; Smythe v. Strader, Pevine & Co., 12 How. 327. Hence, the court cannot take jurisdiction. A writ of error is the…
1Opinion of the Court
BROWN, C.
— This controversy is here upon writ of error to the circuit court for Audrain County, and the question of the sufficiency of the writ stands at the ■door of its consideration. It is as follows, omitting the attestation which is regular:
The State of Missouri, ss.
The State of Missouri, To the Judge of the Eleventh Judicial Circuit in said State, Greeting:
Whereas in the record and proceedings in a certain cause lately pending in the Circuit Court of Audrain County, wherein J. D. Bates et al. were plaintiffs, and Mexico, Santa Fe & Perry Traction Company et al. were defendants in a…
2Cases cited1 opinion
- City of St. Louis v. ButlerSupreme Court of Missouri · 1907
3Cited by7 opinions
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- State Ex Rel. Yale University v. SartoriusSupreme Court of Missouri · 1942
- State Ex Rel. Marlowe v. NolanSupreme Court of Missouri · 1941
- Bowersock v. Missouri Valley Drainage DistrictMissouri Court of Appeals · 1942
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