Hogue v. Wurdack
| Decision Date | 12 July 1956 |
| Docket Number | No. 45106.,45106. |
| Parties | Everett HOGUE, Respondent, v. Hugo WURDACK (Employer), and Employers' Liability Assurance Corporation, Ltd. (Insurer), Appellants. |
| Court | Missouri Supreme Court |
Sherwood R. Volkman, St. Louis, for appellants.
L. Clark McNeill, Geo. F. Addison, Salem, for respondent.
HOLMAN, Commissioner.
In this Workmen's Compensation case the employer and insurer have appealed from the judgment of the circuit court affirming the award of the Industrial Commission. That award allowed the claimant-employee compensation for disability, disfigurement, and medical expense in the aggregate sum of $7,770.75.
We must first consider the question of our jurisdiction of this appeal. If we have jurisdiction it is because "the amount in dispute, exclusive of costs, exceeds the sum of seventy-five hundred dollars." Article V, § 3, Constitution of Missouri, 1945, V.A.M.S. Moreover, we must bear in mind that our jurisdiction must affirmatively appear from the record of the trial court and must so appear at the time the appeal is taken. Nothing that subsequently occurs may be invoked to confer jurisdiction. Stuart v. Stuart, 320 Mo. 486, 8 S.W.2d 613.
The final award herein was made on October 19, 1954. It included the sum of $770.75 for medical aid, $1,000 for facial disfigurement, and $30 per week for 200 weeks for permanent partial disability, "said payments to begin as of February 1, 1953, and to be payable and be subject to modification and review as provided by said law." No compensation had been paid at the date of said award.
It will be seen from the foregoing that if all of the amounts provided in the said award are eventually paid, the total received would be $7,770.75. Therefore, if it may be said that the total of the award is the amount in dispute, then it is apparent that we would have jurisdiction. On the other hand, we note that the amount of the permanent partial disability that had accrued at the time this appeal was taken (May 13, 1955) was $3,540, which, together with the allowances for medical aid and disfigurement, would make a total due on that date of $5,310.75.
We have heretofore stated that "Our jurisdiction attaches when, and only when, the record of the trial court affirmatively shows that there is involved in the controversy, independent of all contingencies, an amount exceeding $7,500". Hardt v. City Ice & Fuel Co., 340 Mo. 721, 102 S.W.2d 592, 593. In applying that rule to the instant case we cannot say that the amount in dispute, independent of all...
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Hogue v. Wurdack
...accrue, it cannot be said with certainty that the amount in dispute, independent of all contingencies, exceeds that sum. Hogue v. Wurdack, Mo., 292 S.W.2d 576; Section 287.230(2). (All statutory references herein are to RSMo 1949, Wurdack, a resident of St. Louis, Missouri, owned a farm of ......
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Garrison v. Campbell '66' Exp., Inc., 7584
...dispute, independent of all contingencies, exceeds that sum. Crow v. Missouri Implement Tractor Company, Mo., 292 S.W.2d 573; Hogue v. Wurdack, Mo., 292 S.W.2d 576. The accident, out of which this claim arises (hereinafter referred to as the 1954 accident), occurred on February 18, 1954, wh......
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State v. Woods
...Bakery Company, 334 Mo. 508, 66 S.W.2d 147 (banc 1933) [1, 2] rev'd on other grounds, 317 S.W.2d 390 (Mo. banc 1958); Hogue v. Wurdack, 292 S.W.2d 576 (Mo.1956) ; Stuart v. Stuart, 320 Mo. 486, 8 S.W.2d 613 (1928) [1, 2]. Subsequent events also cannot divest the Missouri Supreme Court of th......
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State v. Martin
...jurisdiction on an appellate court, Platies v. Theodorow Bakery Company, 334 Mo. 508, 66 S.W.2d 147, 148 (banc 1933); Hogue v. Wurdack, 292 S.W.2d 576, 577 (Mo.1956); Stuart v. Stuart, 320 Mo. 486, 8 S.W.2d 613 (1928); occurrences after an appeal is filed do not divest the Missouri Supreme ......