Dauwalter v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Eon. Samuel Dams, Judge. (1) The order made by his honor, Judge Martin, requesting Judge Davis to try this case was an absolute nullity. Rawlins v. Timons, 80 Mo.
Read the full summary
Appeal from Cooper Circuit Court. — Eon. Samuel Dams, Judge. (1) The order made by his honor, Judge Martin, requesting Judge Davis to try this case was an absolute nullity. Rawlins v. Timons, 80 Mo. App. 84; Bank v. Graham, 147 Mo. 253; Ladd v. Forsee, 163 M'o. 506; State v. Shea, 95 Mo. 89; State ex rel. v. Flournoy, 160 Mo. 324. (2) One regular judge has no power or authority to substitute a regular judge of another circuit in his stead to hear and determine any particular cause or causes as a mere matter of convenience or accommodation to either. The record must show that a legal necessity…
1Opinion of the CourtBroaddus, P. J.
— The plaintiffs sued defendant as common carrier for the value of certain goods alleged to have been lost in transit. The action Avas instituted before a justice of the peace, where plaintiffs obtained a judgment, and defendant appealed. After the cause had been appealed to the circuit court, defendant made an application for a continuance, which on the 3rd day of March, 3905, was overruled, and the case was set for trial March 16, 1905, by request to be tried by Judge Samuel Davis because the regular judge would be unable to try the case on said date. When the cause was called for trial,…
2Cases cited6 opinions
- Citizens' National Bank v. GrahamSupreme Court of Missouri · 1898
- State ex rel. Lentz v. PortSupreme Court of Missouri · 1903
- Riggs v. OwenSupreme Court of Missouri · 1894
- State v. HunterMissouri Court of Appeals · 1903
- Hendrix v. Wabash RailroadMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.