In re Wellston Trust Co.
| Decision Date | 23 September 1939 |
| Docket Number | No. 36066.,36066. |
| Court | Missouri Supreme Court |
| Parties | In re WELLSTON TRUST CO. UNION ELECTRIC LIGHT & POWER CO. v. HOLT, Commissioner of Finance, et al. |
Appeal from Circuit Court, St. Louis County, Division No. 3; Peter T. Barrett, Judge.
Proceedings in the matter of the Wellston Trust Company, in liquidation, wherein the Union Electric Light & Power Company (now Union Electric Company of Missouri), brought suit against R. W. Holt, Commissioner of Finance of the State of Missouri, and another, in charge of the liquidation of Wellston Trust Company, to establish a claim against the Wellston Trust Company as preferred. From judgment allowing a preferred claim, the defendants appeal. On commissioner's motion the case was transferred from the Court of Appeals.
Case transferred to the Court of Appeals.
William H. Biggs and J. Marvin Krause, both of St. Louis, for appellants.
A. E. L. Gardner, of Clayton, for respondent.
The Wellston Trust Company, a banking corporation incorporated under the laws of Missouri, ceased to do business on March 4, 1933, and shortly thereafter was placed under the control of the State Finance Department for liquidation. In due time the Union Electric Light and Power Company, a Missouri corporation, filed with the Commissioner of Finance a claim against said Trust Company and asked that the same be allowed as a preferred claim in the sum of $10,579.40. The Commissioner approved it as a common claim, but did not present it to the circuit court for determination as to priority of payment. The claimant then brought action in the circuit court of St. Louis County seeking a preference. Upon a trial the circuit court gave judgment allowing a preferred claim in the sum of $8,463.53, the claim having been reduced to that amount by the payment of dividends by the Commissioner. The Commissioner appealed to the St. Louis Court of Appeals. The court of appeals, on motion of the Commissioner, transferred the case to this court for the purported reason that the amount in dispute exceeds the jurisdiction of the court of appeals, to wit, $7,500.
Although our jurisdiction is not challenged, it is our duty to determine that question, for jurisdiction can not be conferred by acquiescence. State ex rel. Cravens v. Thompson, 322 Mo. 444, 17 S.W.2d 342; Consolidated School District v. Gower Bank, Mo.Sup., 53 S.W.2d 280; Town of Canton v. Moberly, 340 Mo. 610, 101 S.W.2d 722. Our jurisdiction must affirmatively appear from the record in the trial court. McGregory v. Baskill, 317 Mo. 122, 296 S.W. 123; Hanssen v. Karbe, Mo. Sup., 106 S.W.2d 415; Cambest v. McComas Hydro Electric Co., 292 Mo. 570 239 S.W. 477; Hardt v. City Ice & Fuel Co., 340 Mo....
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Kansas City v. Howe, 24627
... ... 8 Mo.Digest, Courts, k23, 37(1); In re Wellston Trust Co., Mo., 131 S.W.2d 720; Higgins v. Smith, 346 Mo. 1044, 144 S.W.2d 149; State v. Norman, Mo.App., 193 S.W.2d 391. Our first duty is to ... ...
- In re Wellston Trust Co.
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Hamilton v. Robinson
... ... Robinson, deceased, to secure a construction of the will, to ... determine whether a trust created thereby has terminated, ... and, if not, to determine the duration thereof. Defendant ... Spencer Robinson, the beneficiary of the trust ... Smith, Mo.Sup., 144 S.W.2d 149, 151. The basis for our ... jurisdiction must affirmatively appear from the record ... In re Wellston Trust Co., Mo.Sup., 131 S.W.2d 720 ... Appellant contends: 'The issue raised in this cause and ... presented by this appeal is whether the ... ...
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Hamilton v. Robinson
... ... Robinson, deceased, to determine whether a trust created thereby had terminated, and, if not, to determine the duration thereof. From a decree construing the will, adverse to his contentions, ... Higgins v. Smith, Mo.Sup., 144 S.W.2d 149, 151. The basis for our jurisdiction must affirmatively appear from the record. In re Wellston Trust Co., Mo. Sup., 131 S.W.2d 720. Appellant contends: "The issue raised in this cause and presented by this appeal is whether the respondent ... ...