Johnson v. Hutchinson
Missouri Court of Appeals
Appeal from tbe Sullivan Circuit Court. — Hon. J. P. Butter, Judge. (1) Hon. John P. Butler, special judge, acquired no jurisdiction of tbe cause by agreement of tbe parties. Before a special judge can acquire jurisdiction by agreement tbe inability of tbe regular judge must appear from tbe record. Bank v. Graham, 48 S. W. Rep. 910. Tbe question of jurisdiction can be raised at any time.
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Appeal from tbe Sullivan Circuit Court. — Hon. J. P. Butter, Judge. (1) Hon. John P. Butler, special judge, acquired no jurisdiction of tbe cause by agreement of tbe parties. Before a special judge can acquire jurisdiction by agreement tbe inability of tbe regular judge must appear from tbe record. Bank v. Graham, 48 S. W. Rep. 910. Tbe question of jurisdiction can be raised at any time. (2) Tbe court should have sustained defendant’s objection to tbe introduction in evidence of tbe instrument purporting to be a chattel mortgage given by V. T. Sevier to plaintiff. That instrument has none of…
1Opinion of the CourtSmith, P. J.
This is an action of replevin which was brought before a justice of the peace to recover the possession of “one red and white spotted cow, about four years old, and one red cow four years old, white on belly and end of tail.” The cause went to the circuit court where the plaintiff had judgment and the defendant appealed. The record discloses that by agreement of parties the cause was tried before the Hon John Butler, special judge. The defendant, rafter the trial of the cause, before the special judge agreed upon, had resulted adversely to him, presented his bill of exceptions to said special…
2Cases cited15 opinions
- Adams v. CowlesSupreme Court of Missouri · 1888
- Gates v. TustenSupreme Court of Missouri · 1886
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
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3Cited by3 opinions
- Simons v. WittmannMissouri Court of Appeals · 1905
- Humphreys Savings Bank v. Carpenter and HartMissouri Court of Appeals · 1923
- Gunby v. CooperMissouri Court of Appeals · 1914