State ex rel. Smart v. Wilson
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) Nothing will be presumed to be within the jurisdiction of inferior courts and tribunals, and tbeir jurisdiction must appear by the record in all cases where it is directly attacked. State ex rel. v. County Court, 66 Mo. App. 96; Railroad v. Young, 96 Mo. 39, and cases cited.
Read the full summary
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) Nothing will be presumed to be within the jurisdiction of inferior courts and tribunals, and tbeir jurisdiction must appear by the record in all cases where it is directly attacked. State ex rel. v. County Court, 66 Mo. App. 96; Railroad v. Young, 96 Mo. 39, and cases cited. (2) It is a familiar rule, and one which has been frequently enforced by the courts of this State that the facts showing jurisdiction of inferior tribunals must affirmatively appear upon their record, and that no presumptions are indulged in as to…
1Opinion of the CourtEllison, J.
The facts necessary to state for a' determination of this appeal are as follows:
A proceeding was begun under the provisions of section 9742, Revised Statutes 1899, to change the boundary line of school districts in Sullivan county. One district voted in favor of and the other against the change. An appeal was taken to the county school commissioner, as provided in such statute, when he appointed a board of arbitrators who decided in favor of the change. Whereupon a writ of certiorari was issued from the circuit court of that county requiring the record and proceeding to be certified to that…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Sutton v. ColeSupreme Court of Missouri · 1900
- Evans & Hollinger v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
- State ex rel. Jones v. County CourtMissouri Court of Appeals · 1896
3Cited by2 opinions
- State v. ForemanMissouri Court of Appeals · 1906
- School Districts Numbered 18 v. YatesMissouri Court of Appeals · 1912