American Hardwood Lumber Co. v. Dent

Missouri Court of Appeals

American Hardwood Lumber Co. v. Dent

144 S.W. 1198, 164 Mo. App. 442, 1912 Mo. App. LEXIS 352

DecidedMarch 5, 1912

StatusPublished

This text of 144 S.W. 1198 (American Hardwood Lumber Co. v. Dent) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Hardwood Lumber Co. v. Dent, 144 S.W. 1198, 164 Mo. App. 442, 1912 Mo. App. LEXIS 352 (Mo. Ct. App. 1912).

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Opinion

PER CURIAM.

The appeal in this case was prosecuted to this court, bnt was thereafter transferred hy it to the Springfield Court of Appeals under the provisions of the act of the Legislature, approved June 12, 1909. [See Laws of Missouri 1909, p. 396; see, also, Sec. 3939, R. S. 1909.] In due time the cause was disposed of by the Springfield Court of Appeals through an opinion prepared hy Judge Cox of that court, as will appear hy reference to American Hardwood Lumber Co. v. Dent, 151 Mo. App. 614, 132 S. W. 320. Subsequently, the Supreme Court declared the said legislative act, whioh purported to authorize the transfer of cases from this court to the Springfield Court, to he unconstitutional. The cause was thereafter transferred hy the Springfield Court of Appeals to this court on the theory that the jurisdiction of the appeal continued to reside here and the proceedings had in the Springfield Court with reference thereto were coram non judice.

The case has been argued and submitted here and duly considered. Hpon reading the record and considering the arguments, we are persuaded that the opinion of the Springfield Court, above referred to, properly disposes of the controversy, and it is adopted as the opinion of this court. For the reasons given in that opinion the judgment should he reversed and the canse remanded. It is so ordered.

All concur.

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PER CURIAM.

The appeal in this case was prosecuted to this court, bnt was thereafter transferred hy it to the Springfield Court of Appeals under the provisions of the act of the Legislature, approved June 12, 1909. [See Laws of Missouri 1909, p. 396; see, also, Sec. 3939, R. S. 1909.] In due time the cause was disposed of by the Springfield Court of Appeals through an opinion prepared hy Judge Cox of that court, as will appear hy reference to American Hardwood Lumber Co. v. Dent, 151 Mo. App. 614, 132 S. W. 320. Subsequently, the Supreme Court declared the said legislative act, whioh purported to authorize the transfer of cases from this court to the Springfield Court, to he unconstitutional. The cause was thereafter transferred hy the Springfield Court of Appeals to this court on the theory that the jurisdiction of the appeal continued to reside here and the proceedings had in the Springfield Court with reference thereto were coram non judice.

The case has been argued and submitted here and duly considered. Hpon reading the record and considering the arguments, we are persuaded that the opinion of the Springfield Court, above referred to, properly disposes of the controversy, and it is adopted as the opinion of this court. For the reasons given in that opinion the judgment should he reversed and the canse remanded. It is so ordered.

All concur.

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Bluebook (online)

144 S.W. 1198, 164 Mo. App. 442, 1912 Mo. App. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-hardwood-lumber-co-v-dent-moctapp-1912.

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