Stephens v. Bernays
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob ’ Klein, Judge. (1) The transcript of the judgment was not certified to by the judge of the federal court as expressly required. Revised Statutes, 1889, sec. 4881. (2) The United States district court was without jurisdiction. Revised Statutes, U. S., 1878, sec. 563; Railroad v. Gomila, 132 U. S. 484; Du Vivierv. Hopkins, 116 Mass. 125; Pearce v. Calhoun, 59 Mo. 271; Works v. College, 17 Wall. 521; Woerner Am.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob ’ Klein, Judge. (1) The transcript of the judgment was not certified to by the judge of the federal court as expressly required. Revised Statutes, 1889, sec. 4881. (2) The United States district court was without jurisdiction. Revised Statutes, U. S., 1878, sec. 563; Railroad v. Gomila, 132 U. S. 484; Du Vivierv. Hopkins, 116 Mass. 125; Pearce v. Calhoun, 59 Mo. 271; Works v. College, 17 Wall. 521; Woerner Am. Law Adm., p. 341. (3) The state probate court was in charge and had jurisdiction of the estate at the time the suit was brought in…
1Opinion of the CourtMacbablaNE, J.
This is a claim filed by the receiver of the Fifth National -Bank of the city of St. Louis, in the probate court of the city of St. Louis, against the estate of G-eorge J. Bernays, deceased, for classification. The claim consists of a transcript of a judgment, of the district court of the United States *146for the eastern district of Missouri, in favor of plaintiff as such, receiver against the defendant as executrix of said estate, on an assessment of thirty-five shares of the stock of said bank which was owned by said deceased at the time of its failure, in November 1887. The judgment was for…
2Cited by10 opinions
- McFaul v. HaleySupreme Court of Missouri · 1901
- Estate of Thompson v. W. G. Coyle & Co.Supreme Court of Missouri · 1936
- Linn County Bank v. CliftonSupreme Court of Missouri · 1914
- State Ex Rel. Lefholz v. McCrackenMissouri Court of Appeals · 1936
- Barnes v. Boatmen's National BankSupreme Court of Missouri · 1947
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