☰ Revisor of Missouri

Title XXXII COURTS

Chapter 477

< > Effective - 28 Aug 1973 bottom

  477.080.  Appeal to wrong court — transfer of cause. — 1.  In the event of any case being sent from a lower court on appeal or writ of error to the wrong district of the court of appeals or the supreme court, it shall be the duty of the court to which the case has thus been sent, immediately on such fact coming to its attention, to direct its clerk to forward the transcript therein, with the order of transfer, to the clerk of the proper district of the court of appeals.

  2.  And in the event of any case being sent improperly on appeal or writ of error from a lower court to any district of the court of appeals when the same should have been sent to the supreme court, it shall be the duty of such district of the court of appeals, immediately on such fact coming to its attention, to order the transfer of the same to the supreme court by its clerk, who shall at once send the same to the clerk of the supreme court, accompanied by a copy of the order.  On the receipt of the record by the proper clerk, he shall at once file the same in his office, and the case shall be proceeded with in the court to which it is transferred, as if the same had gone there directly from the trial court.

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(RSMo 1939 § 2079, A.L. 1973 S.B. 263)

Prior revisions: 1929 § 1915; 1919 § 2419; 1909 § 3938

CROSS REFERENCES:

Transfer of causes from courts of appeal to supreme court, scope of review, Const. Art. V § 10

Venue of appeals, transfer to court having jurisdiction, Const. Art. V § 11


---- end of effective  28 Aug 1973 ----

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