Bailey v. Winn
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andbew Ellison, Judge. (1) Tire court of common pleas at New Cambria had no legal existence, and its judgments and proceedings thereunder were utterly void, unless it can be construed to be a court inferior to the circuit court.
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Appeal from Macon Circuit Court. — Hon. Andbew Ellison, Judge. (1) Tire court of common pleas at New Cambria had no legal existence, and its judgments and proceedings thereunder were utterly void, unless it can be construed to be a court inferior to the circuit court. Session Acts, 1874, page 256; Constitution of 1865, art. 6, secs. 1,13; State v. Daniels, 66 Mo. 192; State exrel. v. County Court, 50 Mo. 317; 1 Bouvier’s Law Dictionary [14 Ed.] 769. The court of . common pleas was made co-ordinate with the circuit court in all respects and is not an inferior court. (2) It affirmatively…
1Opinion of the CourtBlack, J.
This is an action of ejectment to recover one hundred and twenty acres of land in Macon county, the same being part of school section 16. There was a judgment for the defendants on the first trial, which was reversed and the cause remanded by this court on a writ of error sued out' by the plaintiff. 101 Mo. 649. The second trial resulted in a judgment for the plaintiff, and to revei’se that judgment the defendants perfected the present appeal. The case, when here before, was complicated by reason of a number of titles put in evidence by the plaintiff. The present contest turns *158■upon the…
2Cases cited3 opinions
- State v. DanielsSupreme Court of Missouri · 1877
- Bailey v. WinnSupreme Court of Missouri · 1890
- Syenite Granite Co. v. BobbSupreme Court of Missouri · 1888
3Cited by20 opinions
- Price v. BlankenshipSupreme Court of Missouri · 1898
- State ex rel. Harvey v. MedlerNew Mexico Supreme Court · 1914
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- May v. Jarvis-Conklin Mortgage Trust Co.Supreme Court of Missouri · 1897
- Lehman v. State ex rel. Wyoming Workers' Compensation DivisionWyoming Supreme Court · 1988
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