Feurth v. Anderson
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. J. D. Foster, Judge. (1) The record ' does not show that there was any appeal legally taken • from the judgment of the probate court. R. S., sec. 293. The jurisdictional fact must appear on the face of the record. Stale n. Metzger, 26 Mo. 65; Hansherger n. Railroad Co., 43 Mo. 196 ; Schell n. Leland, 45 Mo. 289. The record does not show this fact, and it may be taken advantage of at any time.
Read the full summary
Appeal from Scott Circuit Court. — Hon. J. D. Foster, Judge. (1) The record ' does not show that there was any appeal legally taken • from the judgment of the probate court. R. S., sec. 293. The jurisdictional fact must appear on the face of the record. Stale n. Metzger, 26 Mo. 65; Hansherger n. Railroad Co., 43 Mo. 196 ; Schell n. Leland, 45 Mo. 289. The record does not show this fact, and it may be taken advantage of at any time. Henderson v. Henderson, 55 Mo. 534; Cranes n. McHugh, 58 Mo. 499. (2) There was no pretense of an assignment, and the suit could only be brought in the names of H.…
1Opinion of the CourtNorton, J.
Plaintiff presented to the probate court ■of Scott county a demand for allowance against the ■estate of Paschal E. Ancill, deceased. The demand presented was based on the following account:
*356UPaschal Ancill to H. Reinstadler and Chas. Feurth, Dr.
“August 20, 1881.
“ To putting up newknotter on binder for harvest of 1882, with late improvements, malleable castings as per contract...............................$250 00,r
The case was tried in said court on the twelfth day of February, 1883, that being the first day of the February term;, the claim was disallowed, and judgment rendered for defendant.…
2Cases cited1 opinion
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
3Cited by6 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Bircher v. BoemlerSupreme Court of Missouri · 1907
- Whipple v. Peter Cooper Building & Loan Ass'n, Number 4Missouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.