Bray v. Marshall
Supreme Court of Missouri
Appeal from Greene Circuit Court. — IIon. W. F. Geiser, Judge. 1.. The record does not show whether, or not, achango of venue was ordei'ed, as required by Sac. 7, p. 1356, Yol. 2, Wag. Stat., or, as permitted by Sec. 4, p. 1005, Yol. 2, Wag. Stat. It does show that the Greene circuit court exercised a jurisdiction which alone belonged to the circuit court of Dade county.
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Appeal from Greene Circuit Court. — IIon. W. F. Geiser, Judge. 1.. The record does not show whether, or not, achango of venue was ordei'ed, as required by Sac. 7, p. 1356, Yol. 2, Wag. Stat., or, as permitted by Sec. 4, p. 1005, Yol. 2, Wag. Stat. It does show that the Greene circuit court exercised a jurisdiction which alone belonged to the circuit court of Dade county. Wag-. Stat, Yol. 2, p. 1005, See. 3. The established rule in this State has been that, except when collaterally attacked, the proceedings should, affirmatively, show jurisdiction of the subject-matter of the suit. Howard v.…
1Opinion of the CourtHough, J.
— This was an action of ejectment. The petition and answer were filed in the circuit court of Dade county, where the lands in controversy are situate. The subsequent proceedings were had in Greene circuit court. No order of the Dade circuit court founded upon the written consent of the parties to the removal of the cause to Greene county, as provided in the 4th section of the 3d article of the Practice Act, nor any order changing the venue in pursuance of the statute in relation to the change of venue in civil cases, is to be found in the record. The appellant now insists that the circuit…
2Cases cited1 opinion
- Henderson v. HendersonSupreme Court of Missouri · 1874
3Cited by11 opinions
- Fields v. MaloneySupreme Court of Missouri · 1883
- Rice v. GriffithSupreme Court of Missouri · 1942
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
- Stansbury v. StansburyMissouri Court of Appeals · 1906
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