Effective - 28 Aug 1973
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
Structure Missouri Revised Statutes
Chapter 477 - Supreme Court and Court of Appeals
Section 477.005 - Supreme court and court of appeals, employees authorized.
Section 477.010 - Supreme court to promulgate general rules for all courts of the state.
Section 477.011 - Supreme court employees to serve judicial council.
Section 477.020 - Majority decision — special judge appointed, when and by whom.
Section 477.030 - Opinion in writing — where filed — how endorsed.
Section 477.040 - Court of appeals consists of three districts.
Section 477.050 - Territorial jurisdiction of the eastern district court of appeals.
Section 477.060 - Territorial jurisdiction of the southern district court of appeals.
Section 477.070 - Territorial jurisdiction of the western district court of appeals.
Section 477.080 - Appeal to wrong court — transfer of cause.
Section 477.120 - Expenditures, how paid.
Section 477.140 - Office and library furnishings — expenditures, how paid.
Section 477.150 - Expenditure for books, how paid.
Section 477.160 - Judges, eastern district court of appeals, number.
Section 477.170 - Judges, western district court of appeals, number.
Section 477.180 - Judges, southern district court of appeals, number.
Section 477.220 - Sessions of southern district of court of appeals — when and where held.
Section 477.231 - Designation of private publication as official reports.
Section 477.241 - Old official reports, custody, sale, reprinting, disposition.
Section 477.285 - Copies of reports disposed of, when.
Section 477.390 - Supreme court to replace reports lost by fire.
Section 477.400 - Reports to belong to offices.
Section 477.405 - Judicial personnel, court to furnish guidelines for general assembly.