Missouri Appeal Reports Volume 85

Missouri Appeal Reports Volume 85

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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. 1901 edition. Excerpt: ...the appeal was granted in reglar form, otherwise the circuit court acquires no jurisdiction and its proceedings are void. Error to the Boone Circuit Oourt.--H0n. J. A. Hockaday, ' Judge. Rnvnnsnn. The trial court erred in not sustaining defendant's motion to-dismiss this cause; as the record before that court showed that there was no jurisdiction, and the record before this court shows that there was no jurisdiction. Nothing will be presumed to be within the jurisdiction of an inferior court except what the record specially shows; and no presumptions are to be indulged in favor of their actions. Jurisdiction of inferior tribunals must appear by some part of the record of their proceedings. Bank v. Doak, 75 Mo. App. 332; State v. Schneider, 47 Mo. App. 669; State ex rel. v. County Court, 66 Mo. App. 96; Rousey v. Wood, 57 Mo. App. 650; Corrigan v. Morris, 43 Mo. App. 456; Hawes on Jur., p. 257; Freeman on Judgm., sec. 517; Gideon v. Hughes, 21 Mo. App. 528. 17. H. M nrry for defendant in error. There is no force in defendant's objection that the transcript sent up by the justice was not signed. The transcript showed every jurisdiction fact, and was duly signed and certified in the usual way. ' ELLISON, J.--The defendant was prosecuted by information before a ustice of the peace of Boone county for pettit larceny. He was convicted in that court and appealed to the circuit court of that county. He was again convicted and has appealed to this court. He filed a motion in the circuit court to dismiss the cause for the reason that that court had no jurisdiction. The motion was overruled. The grounds of the motion were that there was no transcript from the justice filed with the circuit court. Since it was not pretended that...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236931149
  • 9781236931146