138 Mo. 250
Decided March 23, 1897
Supreme Court of Missouri · decided 1897-03-23
<p>Appellate Practice: transfer of cause to the wrong court. Where an appeal is duly allowed by the circuit court to one of the courts of appeals it is entirely irregular to send the transcript in the cause to the Supreme Court, and the latter will transfer the cause to the appellate court to which the appeal was taken.</p>
Cited by 2 later decisions — most recently December 1929
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1897-03-23
View the full empirical analysis of this case →
¶1Opinion.
¶2In this cause an appeal was taken *251in the circuit court (and duly allowed) to the St. Louis Court of Appeals. But, by mistake or oversight, the transcript of the record was sent to the Supreme Court, and the case was filed and placed on the docket here. As this was entirely irregular, the motion of defendant, as apppellant, to transfer to the court of appeals aforesaid is granted. R. S. 1889, sec. 3300.