State v. Wilson
Supreme Court of Missouri
Appeal from Worth Circuit Court. — Hon. Arch B. Davis, Judge. (1) The court should have sustained defendant’s demurrer to the scire facias. It is contradictory and fails to show any liability of the defendant "Wilson.
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Appeal from Worth Circuit Court. — Hon. Arch B. Davis, Judge. (1) The court should have sustained defendant’s demurrer to the scire facias. It is contradictory and fails to show any liability of the defendant "Wilson. It alleges, first, the bond was taken before D. C. Mull, probate judge, November 16, 1911; also alleges that “said bond was duly signed by said O. K. Hanson and G-. B. Wilson and acknowledged in the presence of said probate court,” a declaration on both a bail bond taken in vacation and a recognizance taken and acknowledged in open court. The counsel for the State attempted to…
1DissentGraves, J.
(dissenting). — I desire to express no opinion upon the merits of this case. It may be that my learned brother has wrought well in the work of untangling the question involved upon the merits of the controversy. I dissent upon the ground that I am satisfied that this court has no jurisdiction of the ease. As expressive of my views upon this question of jurisdiction, I adopt the opinion of Ra.tt.ev, Commissioner, filed in Division One, as follows:
“Respondent suggests that the case should be transferred to Division Two for the following reasons:
“First. Because this .suit is an action of the…
2Cases cited2 opinions
- State v. HarlowSupreme Judicial Court of Maine · 1846
- State v. GrantSupreme Court of Missouri · 1913