Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 30

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...was insufficient, and was properly dismissed for that reason, if for no other. Judgment aflirmed. 'Al1 concur. T. VV. FREEMAN, Respondent, v. ST. Lonrs QUARRY COMPANY et aZ., Appellants. VV. H. NAVE, Respondent, V. ST. LoUIs QUARRY ConPANY, Appellant. St. Louis Court of Appeals, April 10, 1888. 1. J URISDICTION, APPELLA'l"E--ThiS court has no appellate jurisdiction of any cause in which a. political subdivision of the state is a party. 2. APPEALS, Jonvr on SEVERAL--TRANSFEB. TO SUPREME COURT. Where there are two defendants, one of whom is a political subdivision ot the state, and the other a private person or corporation, and both appeal, the entire cause is constitutionally excluded from the appellate jurisdiction of this court. If only one appeals, the appeal will lie to the proper court, according to the status of the appellant, without regard to the status of the party not appealing. If each severally appeals at a different time, so that one appeal is taken to this court, and one to the Supreme Court, the appealing orders may be afterwards properly modified and consolidated by the trial court; otherwise, this court, upon becoming posscssed of the cause, should transfer it to the Supreme Court. APPEALS from the St. Louis Circuit Court, Hon. GEORGE V. LUBKE, Judge. Tran.s;/'erred to the Supreme Court. T. J. CORNELIUS, for the appellant. VV. B. Homes, for the respondents. ROMBAUER, P. J., delivered the opinion of the court. A motion to transfer this cause to the Supreme Court in pursuance of the provisions of the act of March 18, 1885 (Laws, 1885, page 121), has been filed herein by the appellants, the St. Louis Quarry Company, and the City of St. Louis, on the ground that the Supreme Court alone has appellate more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • United States
  • English
  • black & white illustrations
  • 1236902440
  • 9781236902443