Legal Opinion

Ross v. Murphy

Supreme Court of Missouri

Decided February 15, 1874PublishedCited by 4 opinions

Appeal from Caldwell Circuit Court. ■ I. The Circuit Court of Caldwell county has appellate juris-diction from the final judgments and decisions of its Common Pleas Court, by appeal or writ of error. (See § 13 of Act of 1870, pp. 209-10.) Wherefore the Circuit Court erred in dismissing said appeal for want of jurisdiction, and its judgment should be reversed and the cause remanded. II.

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Appeal from Caldwell Circuit Court. ■ I. The Circuit Court of Caldwell county has appellate juris-diction from the final judgments and decisions of its Common Pleas Court, by appeal or writ of error. (See § 13 of Act of 1870, pp. 209-10.) Wherefore the Circuit Court erred in dismissing said appeal for want of jurisdiction, and its judgment should be reversed and the cause remanded. II. The Supreme Court has no jurisdiction of appeals or writs of error, taken directly from the Common Pleas Court of said county, to the Supreme Court. I. The Circuit Court has no superintending control nor…

1Opinion of the CourtSherwood, Judge

In the Common Pleas Court of Caldwell county, the plaintiff had judgment from which the defendant appealed to the Circuit Court of that county, by which court the appeal was, on motion of plaintiff, dismissed on the ground that that court had no jurisdiction over appeals from the Common Pleas *373Court. A motion of defendant to re-instate the cause after its dismissal was unsuccessful, and he has appealed here.

By the terms of the Act which organized the above referred to Common Pleas Court, it was given concurrent original jurisdiction with the Circuit Court, and a superintending control as well…

2Cases cited1 opinion

  1. Harper v. JacobsSupreme Court of Missouri · 1873

3Cited by4 opinions

  1. State ex rel. Jones v. LaughlinSupreme Court of Missouri · 1881
  2. McCraw v. HubbleSupreme Court of Missouri · 1875
  3. Schlueter v. AlbertMissouri Court of Appeals · 1890
  4. Schulenburg v. EvansSupreme Court of Missouri · 1875

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