Deiermann v. Bemis Bros. Bag Co.
| Decision Date | 06 February 1912 |
| Citation | 143 S.W. 1197 |
| Parties | DEIERMANN v. BEMIS BROS. BAG CO. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; James E. Withrow, Judge. Action by Annie Deiermann against the Bemis Bros. Bag Company. Judgment for plaintiff, and defendant appeals. Judgment affirmed by the Springfield Court of Appeals (144 Mo. App. 474, 129 S. W. 229), and case transferred to the St. Louis Court of Appeals. Affirmed.
Seddon & Holland, for appellant. A. R. Taylor, for respondent.
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 the 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 Gray of that court, as will appear by reference to Deiermann v. Bemis Brothers Bag Co., 144 Mo. App. 474, 129 S. W. 229. 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.
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... ... Gunby, Mo.App., 267 S.W. 450, 452(5); Dierman v. Bemis Bros. Bag Co., 144 Mo.App. 474, 129 S.W. 229, 230(2), opinion adopted 163 Mo.App. 522, 143 S.W ... ...
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