Gilstrap v. Felts
Supreme Court of Missouri
Error to Sullivan Circuit Court. I. The orders and proceedings of the Circuit Court of Sullivan county, before the transcript of the record had been forwarded to and filed by the clerk of that court, were unauthorized, extrajudicial and mere nullities, because the court did not have jurisdiction of the case. (Wagn.
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Error to Sullivan Circuit Court. I. The orders and proceedings of the Circuit Court of Sullivan county, before the transcript of the record had been forwarded to and filed by the clerk of that court, were unauthorized, extrajudicial and mere nullities, because the court did not have jurisdiction of the case. (Wagn. Sta-t. 1356-7, §§ 7, 8.) The order of the court, therefore, arresting the judgment rendered at the September term, 1869, could not in anywise impair or invalidate the prior proceedings in the case had in the Circuit Courts of Adair and Schuyler counties ; and consequently the…
1Opinion of the CourtBliss, Judge
This suit was for damages for seizing and converting personal property, and was instituted in Adair county, and upon defendant’s default interlocutory judgment was then entered. At the next term he sought to have it set aside,'and, failing, took a change of venue to Schuyler county; and after a jury trial, wherein the jury disagreed, took another change to Sullivan. He again sought to have the default set aside, but failed. A trial was then had upon the assessment of damages, and the plaintiff recovered some $900. In removing the cause from Schuyler county the clerk had sent no transcript of…
2Cited by22 opinions
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- Henderson v. HendersonSupreme Court of Missouri · 1874
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Stephens v. D. M. Oberman Manufacturing Co.Supreme Court of Missouri · 1934
- Halsey v. MeinrathMissouri Court of Appeals · 1893
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