Leeker v. Prudential Insurance Co. of America

Missouri Court of Appeals

Leeker v. Prudential Insurance Co. of America

143 S.W. 1197, 163 Mo. App. 523, 1912 Mo. App. LEXIS 256

CourtMissouri Court of Appeals

DecidedFebruary 6, 1912

StatusPublished

Cited by3 cases

This text of 143 S.W. 1197 (Leeker v. Prudential Insurance Co. of America) 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

Leeker v. Prudential Insurance Co. of America, 143 S.W. 1197, 163 Mo. App. 523, 1912 Mo. App. LEXIS 256 (Mo. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

The appeal in this case was prosecuted to this court, but was thereafter transferred by 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 by Judge Nikon of that court, as will appear by reference to Leeker v. Insurance Company, 154 Mo. App. 440, 134 S. W. 676. Subsequently, the Supreme Court declared the said [524]*524legislative act, which purported to authorize the transfer of cases from this court to the Springfield Court, to be unconstitutional. The cause was thereafter transferred by 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 cora/m non judice.

The case has been argued and submitted here and duly considered. Upon reading the record and considering the arguments, we aré 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 reason given in that opinion the judgment should be affirmed. It is so ordered.

All concur.

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PER CURIAM.

The appeal in this case was prosecuted to this court, but was thereafter transferred by 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 by Judge Nikon of that court, as will appear by reference to Leeker v. Insurance Company, 154 Mo. App. 440, 134 S. W. 676. Subsequently, the Supreme Court declared the said [524]*524legislative act, which purported to authorize the transfer of cases from this court to the Springfield Court, to be unconstitutional. The cause was thereafter transferred by 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 cora/m non judice.

The case has been argued and submitted here and duly considered. Upon reading the record and considering the arguments, we aré 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 reason given in that opinion the judgment should be affirmed. It is so ordered.

All concur.

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Bluebook (online)

143 S.W. 1197, 163 Mo. App. 523, 1912 Mo. App. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leeker-v-prudential-insurance-co-of-america-moctapp-1912.

Opinion

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