44 Mo. App. 288 | Mo. Ct. App. | 1891
The defendant in the circuit court asked that his appeal be sent to the supreme court, claiming that the cause involved title to real estate, and the construction of the constitution of this state. The circuit court denied such appeal, but granted the defendant an appeal to this court. The defendant now moves for the transfer of the cause to the supreme court, claiming, for the reasons above stated, that that court has jurisdiction of the appeal.
The proceeding is one to open a public road, and is the same which we had under consideration in State ex rel. v. Heege, 89 Mo. App. 49. Upon the subsequent trial of the cause in the county court, the defendant demanded a trial by jury of twelve men (to which he claimed he was entitled under the constitution), to determine the question of jurisdiction. That claim was denied by the court. In the circuit court, where the cause was tried de nono, the defendant waived a jury, but upon the hearing he presented two instructions, challenging the constitutional validity of the proceedings in the county court. These instructions were refused.
Under our recent ruling in St. Louis, K. C. & C. Ry. Co. v. Lewright, ante, p. 212; and Musick v.
Ordered that the cause be transferred to the supreme court.
