Brown v. Marshall
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». G. G. Allen and No». Moses N. Sale, Judges. (1) The order of publication by wbicb tbe probate court of St. Louis city sought to obtain jurisdiction of the heirs of Lewis Y. Bogy is void because it was not made returnable to any time when tbe law required said court to be- held, or provided that it might be held.
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Appeal from St. Louis City Circuit Court. — No». G. G. Allen and No». Moses N. Sale, Judges. (1) The order of publication by wbicb tbe probate court of St. Louis city sought to obtain jurisdiction of the heirs of Lewis Y. Bogy is void because it was not made returnable to any time when tbe law required said court to be- held, or provided that it might be held. The Act of 1877 definitely fixed the time for holding the terms of said court upon the second Mondays in February, May, August and November; whereas the order of publication was made returnable to the second Monday in September, 1878.…
1Opinion of the CourtWoodson, J.
— This suit was instituted March 18, 1907, in the circuit court of Stoddard county, by the plaintiffs against the defendants, under section 650, Revised Statutes 1899; now section 2535; Revised Statutes 1909, to ascertain and determine the interests *715of and to qniet the title of the parties to some 4400 acres of land situated in said county, particularly described in the pleadings. Afterwards a change of venue was awarded to the circuit court of the City of St. Louis, where a trial was had, which resulted in a judgment in favor of the defendants, from which the plaintiffs duly appealed to this…
2Cases cited37 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Johnson v. BeazleySupreme Court of Missouri · 1877
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
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3Cited by5 opinions
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- Hicks v. WatsonSupreme Court of Missouri · 1914