Lewellyn v. Lewellyn
Missouri Court of Appeals
Appeal from Clark Circuit Court. — lion. E. B. McKee, Judge. (1) The trial court had no jurisdiction over case or cause of action, because there was no certified transcript of the record and proceedings had in the probate court relating to the case, transmitted to the clerk of the trial court as required by law.
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Appeal from Clark Circuit Court. — lion. E. B. McKee, Judge. (1) The trial court had no jurisdiction over case or cause of action, because there was no certified transcript of the record and proceedings had in the probate court relating to the case, transmitted to the clerk of the trial court as required by law. There is no certificate under seal, or without seal, showing the pretended transcript filed in trial court to be the proceedings of any court.' Nor is there anything in it showing that the clerk or judge’s name is to it; nor as to who was the clerk or judge of said court at the time…
1Opinion of the CourtBland, P. J.
The judgment from which the appeal was taken was rendered on April 9, 1897, and leave was granted at the same term to file bill of exceptions on or before August 10, 1897. Timely orders were made by the judge of the court extending the time for filing bill of exceptions to September 1, 1898. 'On the twenty-first day of August, the' parties agreed in writing to an extension of the time to file the bill to November 1, 1898.
On November 2 the judge of the court extended the time for filing the bill to November 15, 1898. The bill was filed on November 14, 1898. .
The time for filing the bill of…
2Cases cited2 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- Loewen v. HicksMissouri Court of Appeals · 1895
3Cited by5 opinions
- Wyuta Cattle Co. v. ConnellWyoming Supreme Court · 1931
- State of Missouri Ex Rel. v. DavisMissouri Court of Appeals · 1948
- Poppa v. PoppaMissouri Court of Appeals · 1962
- Moberly v. Powell and WalkerMissouri Court of Appeals · 1935
- State ex rel. Musser v. DahmsMissouri Court of Appeals · 1970