Vansant v. Hobbs

• Decision Date: 05 February 1900
• Parties: VANSANT v. HOBBS.
• Court: Missouri Supreme Court

55 S.W. 147

153 Mo. 655

VANSANT v. HOBBS.

Supreme Court of Missouri, Division No. 1.

February 5, 1900.

SUPREME COURT — JURISDICTION.

On an appeal from the court of appeals to the supreme court under Const. art. 6, § 12, giving an appeal in cases involving the construction of the constitution of the United States or the state of Missouri, an appeal will lie only when it plainly appears on the face of the record that the question of a particular construction thereof was raised, passed on, and the ruling thereon excepted to by the losing party in the trial court.

Appeal from circuit court, Cass county; W. W. Wood, Judge.

Action by C. L. Vansant, receiver of the Bank of Archie, against John B. Hobbs. From a judgment for plaintiff, defendant appeals to the court of appeals, which transferred the case to the supreme court. Remanded.

Noah M. Givan, for appellant. Burney & Burney, for respondent.

BRACE, P. J.

In this action the plaintiff, as receiver of the Bank of Archie, in Cass county, appointed as such in an injunction proceeding instituted by the secretary of state, under which said bank was closed on or about the 20th of July, 1895, sues to recover damages in the sum of $770 from the defendant, who was the then acting president of said bank, for the conversion to his own use of a promissory note for $750, described in the petition. The answer was a general denial. The case was tried before the court without a jury. At the close of the evidence the defendant asked the court for nine declarations of law. Thereupon the case was taken under advisement until the next term, when the declarations of law asked for by the defendant were refused, and judgment rendered for the plaintiff for the sum of $758. In due time the defendant filed his motions for new trial and in arrest of judgment, which, having been overruled, he perfected his appeal to the Kansas City court of appeals, and in due time filed therein a certified copy of the record entry of the judgment and of the order granting the appeal, a printed abstract of the record, together with the statement, brief, and argument of counsel; and in due time the plaintiff also filed an additional printed abstract of the record, together with the statement, brief, and argument of his counsel. Thereupon the court of appeals considered that the cause "involves a constitutional question," and ordered the same transferred to the supreme court. No additional papers have been filed in this court, but the case,...