State Ex Rel. Kersey v. Sims

The parties to this action filed elaborate briefs upon the merits of the case, but omitted to call our attention to the question as to whether this court had jurisdiction over the subject-matter of the action. As jurisdiction over the subject-matter cannot be conferred by consent or acquiescence, it becomes our duty to pass upon same, whether raised or not. On motion for re-hearing, counsel for appellants have called our attention to the decision of Division One entitled State ex rel. Broughton v. Oliver, 273 Mo. 537, wherein Judge GRAVES, speaking for said division, in a well considered…