Odom v. Langston
| Decision Date | 13 March 1942 |
| Docket Number | No. 37707.,37707. |
| Citation | 159 S.W.2d 686 |
| Parties | ODOM et al. v. LANGSTON et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Douglas County; Tom R. Moore, Judge.
Action by A. D. Odom and others against Louise W. Langston and others to have declared null and void a certain trust agreement. From an adverse judgment, plaintiffs appeal.
Cause transferred to the Springfield Court of Appeals.
J. N. Burroughs and H. D. Green, both of West Plains, and Paul Barrett, of Jefferson City, for appellants.
A. W. Landis and M. E. Morrow, both of West Plains, Herman Pufahl, of Bolivar, R. L. Hyder, of Jefferson City, and Scarritt, Jones & Gordon, of Kansas City, for respondents.
BOHLING, Commissioner.
Plaintiffs instituted this action in the Circuit Court of Howell County to have declared null and void and of no effect a certain trust agreement. The cause was transferred to the Circuit Court of Douglas County. Plaintiffs appealed from an adverse judgment. Notwithstanding the statement in their brief that the record discloses jurisdiction here because of the amount in dispute, which statement we accepted and checked the record with reference thereto only after tentatively determining the contested issues presented by the litigants, we find no affirmative showing of record that the amount in dispute exceeds $7,500. Mo.Const. Sec. 12, Art. 6, and Secs. 3 and 5, Amend.1884, Art. 6; Sec. 2078, R.S.1939.
Appellate jurisdiction over the subject matter is determined by the record nisi at the time the appeal is granted. State ex rel. v. Trimble, 326 Mo. 702, 709, 32 S.W.2d 760, 762[2]; Little River Drainage Dist. v. Houck, 282 Mo. 458, 460(1), 222 S.W. 384, 385[2]; Stuart v. Stuart, 320 Mo. 486, 488, 8 S.W.2d 613[2]. We have also observed that appellate jurisdiction cannot be waived or conferred by consent of parties; that our courts of appeals are courts of general and this court is a court of limited appellate jurisdiction; that our jurisdiction must affirmatively appear of record and may not rest on speculation and conjecture. Higgins v. Smith, Banc, 346 Mo. 1044, 144 S.W.2d 149, and cases cited.
The cause is transferred to the Springfield Court of Appeals.
BARRETT, C., not sitting.
The foregoing opinion by BOHLING, C., is adopted as the opinion of the court.
All the Judges concur.
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State ex rel. Office of Civilian Defense Salvage Committee v. Horner
... ... for invoking the jurisdiction of the Supreme Court must ... affirmatively appear in an examination of the record of the ... trial court. Odom v. Langston (Mo. Sup.), 159 S.W ... 2d 686; Higgins v. Smith, 346 Mo. 1044, 144 S.W. 2d ... Section ... 12, Article VI, ... ...
- Odom v. Langston
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State ex rel. Office of Civilian Defense v. Horner
...the jurisdiction of the Supreme Court must affirmatively appear in an examination of the record of the trial court. Odom v. Langston (Mo. Sup.), 159 S.W. 2d 686; Higgins v. Smith, 346 Mo. 1044, 144 S.W. 2d Section 12, Article VI, Constitution of Missouri; the amendment of Article VI in 1884......
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Odom v. Langston
...and others for cancellation of a trust agreement. Judgment for defendants, and plaintiffs appeal. Transferred from the Supreme Court, 159 S.W.2d 686. On appellants' motion to retransfer the case to the Supreme Motion sustained, and case ordered transferred back to the Supreme Court. J. N. B......