State ex rel. O'Malley v. Nixon

• Decision Date: 07 June 1911
• Citation: 138 S.W. 342,233 Mo. 345
• Parties: STATE ex rel. O'MALLEY v. NIXON et al., Judges.
• Court: Missouri Supreme Court

138 S.W. 342

233 Mo. 345

STATE ex rel. O'MALLEY v. NIXON et al., Judges.

Supreme Court of Missouri.

June 7, 1911.

COURTS (§ 231) — JURISDICTION — COURT OF APPEALS.

The Springfield Court of Appeals has no jurisdiction on appeal of an action originating in the circuit court of St. Louis city and transferred to it under Rev. St. 1909, § 3939, which is void, and its judgment will be quashed.

In Banc. Certiorari by the State, at the relation of and to the use of Frank C. O'Malley, administrator of Margaret O'Malley, deceased, against J. P. Nixon and others, Judges of the Springfield Court of Appeals, to quash the judgment of the Springfield Court of Appeals (130 S. W. 398), reversing a judgment of the Circuit Court of St. Louis. Relief granted.

This is an original action by certiorari in this court to quash the judgment and other proceedings of the respondents as judges of the Springfield Court of Appeals in a certain suit which orignated in the circuit court of St. Louis city, entitled, "State of Missouri at the Relation and to the Use of Margaret O'Malley, Plaintiff, against John U. Musick, Edward Christ Ette and David M. Musick, Defendants. In this last-named suit the plaintiff recovered judgment against the defendants in the circuit court of St. Louis city on May 9, 1907, for the sum of $5,000, from which the defendants under the laws then in force prosecuted an appeal to this court. Before that appeal was heard by this court, the General Assembly increased the jurisdiction of the Courts of Appeals to $7,500; and this court certified said appeal to the St. Louis Court of Appeals, to be heard and determined by that tribunal, pursuant to section 1, Laws 1909, p. 397. On December 30, 1909, while said appeal was thus duly pending in the St. Louis Court of Appeals, the judges of the several Courts of Appeals in this state met, and under the provisions of section 3939, Rev. St. 1909, made an order transferring said appeal to the Springfield Court of Appeals. Thereafter the parties to said case of State ex rel. O'Malley v. Musick et al. appeared in said Springfield Court of Appeals, and after the cause had been revived against the executor of defendant Ette (who had died) the appeal was duly argued and submitted. On June 6, 1910, said Springfield Court of Appeals filed its opinion and entered judgment in said cause, reversing the judgment of the Circuit Court of St. Louis (130 S. W. 398). The relator herein contends that the Springfield Court of Appeals...