McCraw v. Hubble
Supreme Court of Missouri
Appeal from Greene Circuit Court. I. The act establishing the Probate and Common Pleas Court, recognizes two distinct jurisdictions in tlie court, governed by different modes of procedure, and having different terms; and section 16 refers to the Common Pleas department. II. Moreover, under section 16, the Circuit Court is made to “.possess the same general powers over this,” (the Probate,) “that it now does over the County Court.”
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Appeal from Greene Circuit Court. I. The act establishing the Probate and Common Pleas Court, recognizes two distinct jurisdictions in tlie court, governed by different modes of procedure, and having different terms; and section 16 refers to the Common Pleas department. II. Moreover, under section 16, the Circuit Court is made to “.possess the same general powers over this,” (the Probate,) “that it now does over the County Court.” And certainly, in the latter case it can try de novo. (E. C. 1855, p. 175, §7.) III. It bas been the practice for many years in Greene county, to try all probate…
1Opinion of the CourtSherwood, Judge
The only question this record presents is whether the Circuit Cour;, of Greene county, on appeal from the Probate and Common Pleas Court of that county, should proceed to try the cause appealed de novo, or should hear and determine it solely as an appellate court upon errors assigned. Section 16 •of the act establishing the Probate and Common Pleas Court of that county, (Loc. Acts, 1855, p. 59) provides that “ the parties litigant in this court shall have the same right of appeal or writ of error from this to the Circuit Court or to the Supreme Court direct that parties litigant have from the…
2Cases cited3 opinions
- Harper v. JacobsSupreme Court of Missouri · 1873
- Ross v. MurphySupreme Court of Missouri · 1874
- Schulenburg v. EvansSupreme Court of Missouri · 1875
3Cited by5 opinions
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- Paris v. AbbottSupreme Court of Missouri · 1876