Hartzfeld v. Taylor
Supreme Court of Missouri
Appeal from Yernon Circuit Court. — Row. R. C. Timmonds, Judge. In appeal cases from inferior courts to the circuit court the transcript is the authority of the appellate court to hear and determine the cause, and when the transcript shows the circuit court had no jurisdiction to try and determine the cause, it necessarily follows that the Supreme Court has no jurisdiction. R. S. 1899, sec. 4069; Devore v. Staeckler, 49 Mo.
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Appeal from Yernon Circuit Court. — Row. R. C. Timmonds, Judge. In appeal cases from inferior courts to the circuit court the transcript is the authority of the appellate court to hear and determine the cause, and when the transcript shows the circuit court had no jurisdiction to try and determine the cause, it necessarily follows that the Supreme Court has no jurisdiction. R. S. 1899, sec. 4069; Devore v. Staeckler, 49 Mo. App. 547; Smith v. Chapman, 71 Mo. 217; Kelm v. Hunkier, 49 Mo. App. 664. Respondent correctly quotes the transcript of the county clerk on the appeal from the county to…
1Opinion
ON MOTION FOR REHEARING-.
Our attention is called to Williams v. Kirby, 169 Mo. 622, with which counsel think the original opinion in this case is in conflict. There was a dictum in the original opinion which was liable to be construed as conflicting with some of the language used in Williams v. Kirby, but that dictum was unnecessary to the decision of the point decided, and we have therefore erased it from the opinion.
In Williams v. Kirby the record showed that the affidavit and bond for appeal were filed in the office of the clerk of the county court within the ten days prescribed by section…
2Cases cited2 opinions
- Williams v. KirbySupreme Court of Missouri · 1902
- Jester v. McKinneyMissouri Court of Appeals · 1891