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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 272)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 272)


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This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1918. Not illustrated. Excerpt: ... MANDAMUS--Continued. 13.: General and Limited Jurisdiction of Circuit Court. Circuit courts do not exercise a limited jurisdiction in election contests or proceed according to a prescribed and exclusive procedure, but are courts of general jurisdiction. It is immaterial how the right claimed or remedy prayed for originated so long as the court's jurisdiction is not limited by the law creating the one or con-ferring the other, and no such express limitation is found in the laws governing, election contests. Held, by GRAVES, C. J., dissenting, with whom BLAIR AND WIL-LIAMS, JJ., concur, that jurisdiction to hear and determine an election contest is not a part of the general ccmmon law jurisdiction possessed by circuit courts, but the tribunal and the proceeding are purely statutory, and as the statutes do not give the court jurisdiction of the subject-matter until a notice, served in the statutory manner, is filed with the clerk, the contestee by entering his general appearance does not give the court jurisdiction. lb. 14. Reinstatement of Cause. Mandamus is the proper remedy to com-pel the trial court to reinstate, and to dispose of in the orderly course of procedure, a cause of which it has jurisdiction and which it has dismissed without a hearing. lb. MANSLAUGHTER. See Murder. MARRIED WOMEN. 1. Widow's Election: Acquiescence in Will: Limitations. In the absence of evidence to the contrary, it must be presumed that the widow, who probated her husband's will and qualified there-under as executrix, and which gave her a life estate in all his lands, elected to take under the will; and being thus seized, she could not deal with the property in such a manner as to start the Statute of Limitations running adversely to the rights of the remaindermen. Ross v. Churc...


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Product Details
  • ISBN-13: 9781154257359
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 304
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1154257355
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 544 gr


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