Quincy & Palmyra Railroad v. Taylor
Supreme Court of Missouri
Jlppeal from Hannibal Court of - Common Pleas. I. The court had no jurisdiction over the subject matter of the respondent’s motion. The report of the commissioners was filed with the clerk of the Circuit Court on the 8th day of January, 1868 ; the respondent filed no written exceptions to it within ten days, as required by the statute. (Gen. Stat. 1865, ch.^66, p. 353.) The Circuit Court of Marion county had no jurisdiction.
Read the full summary
Jlppeal from Hannibal Court of - Common Pleas. I. The court had no jurisdiction over the subject matter of the respondent’s motion. The report of the commissioners was filed with the clerk of the Circuit Court on the 8th day of January, 1868 ; the respondent filed no written exceptions to it within ten days, as required by the statute. (Gen. Stat. 1865, ch.^66, p. 353.) The Circuit Court of Marion county had no jurisdiction. The cause was coram nonjudice, and hence its judgment dismissing the proceedings was null and void. (Visscher v. Hudson River R.R. Co., 15 Barb. 3.7; New York Central…
1Opinion of the CourtWagner, Judge
A preliminary question is raised in this case by the counsel for the respondent, who has filed a motion to dismiss the appeal, because the decision of the District Court affirming the decision of the Circuit Court was not excepted to by the appellant, nor any exceptions preserved in the District Court. The motion is based upon the assumption that, in order to enable this court to take cognizance of a cause, the decision of the District Court must be excepted to, and exceptions regularly saved, in the same manner as in cases coming up from the Circuit Court to an appellate tribunal.
No…
2Cited by2 opinions
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Quincy, Missouri & Pacific Railroad Co. v. KelloggSupreme Court of Missouri · 1873