McFadin v. Catron

• Decision Date: 02 February 1897
• Citation: McFadin v. Catron, 138 Mo. 197, 39 S.W. 771 (Mo. 1897)
• Parties: McFadin v. Catron et al., Appellants
• Court: Missouri Supreme Court

39 S.W. 771

138 Mo. 197

McFadin v. Catron et al., Appellants

Supreme Court of Missouri, Second Division

February 2, 1897

138 Mo. 197 at 227.

Original Opinion of February 2, 1897, Reported at: 138 Mo. 197.

Barclay C. J., and Gantt, Macfarlane, Sherwood, Burgess and Brace JJ.

OPINION

ON MOTION IN BANC TO TRANSFER CAUSE TO THE COURT IN BANC. -- MEMORANDUM.

Per Curiam

Plaintiffs have filed a motion in the court in banc for a transfer of the cause thereto from the second division upon the alleged grounds that the decision of that division infringes upon plaintiff's constitutional right to a trial by jury, is not "due process of law," etc.

It was held by the majority of the court in banc in State v Duestrow (1897) 137 Mo. 44 (39 S.W. 266) that "motions filed subsequent to a judgment in a cause are matters pertaining thereto, and must be filed in the division which rendered the judgment." The plaintiffs make no claim that this case falls within any of the classes named in section 4 of the constitutional amendment of 1890, or that the decision of the second division is in conflict with any ruling of the first division or of the court in banc, nor is any suggestion made beyond the claim that there is error in the opinion of the division in respect of...