Shemwell v. McKinney
Supreme Court of Missouri
Appeal from Ripley Circuit Court. — Ho». Samuel Davis, Special Judge. (1) Appellant’s abstract of record proper does not show an affidavit for appeal in tbis cause, or state tbe substance of sucb an affidavit; and tbis court is without jurisdiction to bear and determine tbis cause. Such requirements of tbe record proper can not be shown by recitals in tbe bill of exceptions. Tbe burden is on appellant to show jurisdiction in tbis court of tbis cause. Ins.
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Appeal from Ripley Circuit Court. — Ho». Samuel Davis, Special Judge. (1) Appellant’s abstract of record proper does not show an affidavit for appeal in tbis cause, or state tbe substance of sucb an affidavit; and tbis court is without jurisdiction to bear and determine tbis cause. Such requirements of tbe record proper can not be shown by recitals in tbe bill of exceptions. Tbe burden is on appellant to show jurisdiction in tbis court of tbis cause. Ins. Co. v. Hurst, 129' Mo. App. 627; Greenwood v. Parlin & Orendorff Co., 98 Mo. App. 408; Peters v. Edge, 87 Mo'. App. 283; Schested v. Kansas…
1Opinion of the CourtWoodson, J.
This suit was. brought in the circuit court of Ripley county, and had for its object the quieting the title to certain real estate described in the petition, which was in the usual and approved form.
The answer was quite lengthy and set up various defenses, all of which were demurred to by the plaintiff, excepting the plea of the ten and thirty years’ statutes of limitation. The demurrer was sustained, and the respondent declined to plead further, and went to trial upon the question of limitation.
A trial was. had, and after respondent had introduced all his evidence, he took a nonsuit as to a…
2Cases cited3 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- Continental Insurance v. HurstMissouri Court of Appeals · 1908
3Cited by6 opinions
- State ex rel. Caulfield v. BroaddusSupreme Court of Missouri · 1911
- Flanagan Milling Co. v. City of St. LouisSupreme Court of Missouri · 1909
- Campbell v. BoyersSupreme Court of Missouri · 1912
- Southern Missouri & Arkansas Railroad v. WyattSupreme Court of Missouri · 1909
- Mathis v. BaxterMissouri Court of Appeals · 1909
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