State v. Faith
Missouri Court of Appeals
Appeal from Laclede County Circuit Court. — Hon. L. B. Woodside, Judge. (1) The county court had jurisdiction to grant the change, and having granted the change every presumption must be indulged in favor of the validity of the judgment it had a right to render under the law.
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Appeal from Laclede County Circuit Court. — Hon. L. B. Woodside, Judge. (1) The county court had jurisdiction to grant the change, and having granted the change every presumption must be indulged in favor of the validity of the judgment it had a right to render under the law. Halter et al. v. Leonard, 223 Mo. 286, 122 S. W. 706. (2) The county court having made the order or judgment it had a right to make under the law, any condition it might attach to the judgment was merely surplusage. Engler v. Knoblaugh, 110 S. "W. 16, 131 Mo. App. 481. (3) The trial court should have allowed the…
1Concurrence
*493SEPARATE CONCURRING OPINION.
STURGIS, J.
I concur in the result reached in this case for another reason: The appeal is brought' here in the manner commonly known as the short form under section 2048, Revised Statutes 1909, applicable to civil cases. There was filed in this court in due time a certified copy of the judgment and order granting the appeal. No other part of the record has been certified to this court by the clerk of the trial court. This record merely discloses that the defendant entered a plea of not guilty, was tried by a jury, who returned a verdict finding him guilty and…
2Cases cited7 opinions
- State v. DavidsonSupreme Court of Missouri · 1881
- Caldwell v. HawkinsSupreme Court of Missouri · 1870
- Golden City v. HallMissouri Court of Appeals · 1897
- State v. DempseyMissouri Court of Appeals · 1913
- State v. RhodesMissouri Court of Appeals · 1889
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