Boulware v. Victor Automobile Mfg. Co.

• Decision Date: 06 February 1912
• Citation: 143 S.W. 1197
• Parties: BOULWARE v. VICTOR AUTOMOBILE MFG. CO.
• Court: Missouri Court of Appeals

143 S.W. 1197

BOULWARE v. VICTOR AUTOMOBILE MFG. CO.

St. Louis Court of Appeals, Missouri.

February 6, 1912.

Appeal from St. Louis Circuit Court; C. C. Allen, Judge. Action by Robert M. Boulware against the Victor Automobile Manufacturing Company. Judgment for plaintiff was affirmed by the Springfield Court of Appeals (152 Mo. App. 567, 134 S. W. 7), and case transferred to the St. Louis Court of Appeals. Affirmed.

Albert B. Chandler, for appellant. Chilton Atkinson and John M. Wood, for respondent.

PER CURIAM.

The appeal in this case was prosecuted to this court, but was thereafter transferred by it to the Springfield Court of Appeals under the provisions of an act of the Legislature approved June 12, 1909. See Laws of Missouri 1909, p. 396. See, also, section 3939, R. S. 1909. In due time the cause was disposed of by the Springfield Court of Appeals through an opinion prepared by Judge Cox of that court, as will appear by reference to Boulware v. Victor Automobile Mfg. Co., 152 Mo. App. 567, 134 S. W. 7. Subsequently the Supreme Court declared the said legislative act, which purported to authorize the transfer of cases from this court to the Springfield Court, to be unconstitutional. The cause was thereafter transferred by the Springfield Court of Appeals to this court, on the theory that the jurisdiction of the appeal continued to reside here, and the proceedings had in the Springfield Court with reference thereto were coram non judice. The case has been argued and submitted here and duly considered. Upon reading the record and considering the arguments, we are persuaded that the opinion of the Springfield Court, above referred to, properly disposes of the controversy, and it is adopted as the opinion of this court. For the reason given in that opinion, the judgment should be affirmed. It is so ordered. All concur.