above-stated rule (Missouri) · Go Syfert
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above-stated rule in Missouri

6 Missouri opinions name it 1 courts 1960–1995 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Johnston v. Norrell Health Care, Inc.green
moctapp · 1992 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

1995Johnston v. Norrell Health Care, Inc., 835 S.W.2d 565, 567 (Mo.App.1992).

11
Johnson v. Robertsgreen
moctapp · 1976 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990“Moreover, where the facts are derived from the pleadings, stipulations, exhibits, and depositions ..., or where the evidence is not controverted and ‘the case is virtually one of admitted facts,’ ... or where the evidence is not in conflict, ..., no deference is due the trial court’s judgment.” Southgate Bank and Trust Co. v. May, 696 S.W.2d 515, 519 (Mo.App. 1985) (citations omitted). “[Ajlthough we defer to the findings of the trial court where the matter of credibility of witnesses is involved, we need not do so where a disputed question is not a matter of direct contradiction by different

11
Southgate Bank and Trust Co. v. Maygreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990“Moreover, where the facts are derived from the pleadings, stipulations, exhibits, and depositions ..., or where the evidence is not controverted and ‘the case is virtually one of admitted facts,’ ... or where the evidence is not in conflict, ..., no deference is due the trial court’s judgment.” Southgate Bank and Trust Co. v. May, 696 S.W.2d 515, 519 (Mo.App. 1985) (citations omitted). “[Ajlthough we defer to the findings of the trial court where the matter of credibility of witnesses is involved, we need not do so where a disputed question is not a matter of direct contradiction by different

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Ohlendorf v. Feinstein green
moctapp · 1985
1 sentence

1991In accord with the above-stated principle from Ohlendorf 697 S.W.2d at 556 , we hold that the Browns’ attorney fees were not incurred in collateral litigation, and we reverse that part of the judgment which awarded attorney fees to them.

11991–1991
Kribs v. United Order of Foresters neutral
moctapp · 1915
2 sentences

1973In Kribs v. United Order of Foresters, 191 Mo.App. 524 , 177 S. W. 766 (1915), the insured sought life insurance from a fraternal benefit society.

1973In Kribs v. United Order of Foresters, 191 Mo.App. 524 , 177 S. W. 766 (1915), the insured sought life insurance from a fraternal benefit society.

11973–1973
Aull Savings Bank v. Aull's Administrator neutral
mo · 1883
1 sentence

1966The holdings in the two early cases cited by instant defendants under this point [Tracy v. Union Iron-Works Co., 104 Mo. 193 , 16 S.W. 203 ; Aull Savings Bank v. Aull, 80 Mo. 199 ] were not inconsistent with the above-stated principle.

11966–1966
Tracy v. Union Iron Works Co. green
mo · 1891
1 sentence

1966The holdings in the two early cases cited by instant defendants under this point [Tracy v. Union Iron-Works Co., 104 Mo. 193 , 16 S.W. 203 ; Aull Savings Bank v. Aull, 80 Mo. 199 ] were not inconsistent with the above-stated principle.

11966–1966
Daugherty v. Nelson green
moctapp · 1950
2 sentences

1960The question of jurisdiction in such cases was discussed in Daugherty v. Nelson, 241 Mo.App. 121 , 234 S.W.2d 353 , at some length by Bour, C. of the Kansas City Court of Appeals.

1960The question of jurisdiction in such cases was discussed in Daugherty v. Nelson, 241 Mo.App. 121 , 234 S.W.2d 353 , at some length by Bour, C. of the Kansas City Court of Appeals.

11960–1960
Beckmann v. Beckmann green
· 1949
2 sentences

1960In the case of Beckmann v. Beckmann, 358 Mo. 1029 , 218 S.W.2d 566, 569 , 9 A.L.R.2d 428 , the court stated: “The rule has been announced with good authority that a court may not award custody of a child where it has no jurisdiction of the person of the defendant and the child is not within the state.” As stated, the trial court had jurisdiction of the defendant in this case and did not lack jurisdiction because of the above-stated rule.

1960In the case of Beckmann v. Beckmann, 358 Mo. 1029 , 218 S.W.2d 566, 569 , 9 A.L.R.2d 428 , the court stated: “The rule has been announced with good authority that a court may not award custody of a child where it has no jurisdiction of the person of the defendant and the child is not within the state.” As stated, the trial court had jurisdiction of the defendant in this case and did not lack jurisdiction because of the above-stated rule.

11960–1960

Where else courts name it

IL 32 (1944–2021) AL 28 (1914–2015) GA 23 (1905–2018) CA 20 (1919–2016) FL 19 (1973–1997) PA 19 (1912–2026) LA 14 (1933–2022) NY 12 (1913–2005) OH 8 (1953–2018) TX 7 (1921–2015) IN 7 (1931–2015) MI 6 (1970–1993) MS 6 (1963–2020) NE 6 (1951–2002) HI 6 (1980–2004) MO 6 (1960–1995) NC 6 (1970–2012) MD 5 (1972–2009) VA 5 (1851–2018) NJ 5 (1927–1989) WA 4 (1902–1960) AR 4 (1987–2010) NM 4 (1986–2020) IA 4 (1938–1949) WI 4 (1899–1956) WY 4 (1956–2017) SC 3 (1934–1985) MT 3 (1959–1996) OK 3 (1950–1980) KS 3 (1948–1995) OR 3 (1962–2011) MA 2 (2007–2012) ND 2 (1977–1977) ME 2 (2005–2009) CT 2 (1939–1989) TN 2 (1977–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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