477.080. Appeal to wrong court--transfer of cause. - Missouri Statutes

Appeal to wrong court--transfer of cause.

477.080. 1. In the event of any case being sent from alower court on appeal or writ of error to the wrong district ofthe court of appeals or the supreme court, it shall be the dutyof the court to which the case has thus been sent, immediately onsuch fact coming to its attention, to direct its clerk to forwardthe transcript therein, with the order of transfer, to the clerkof the proper district of the court of appeals.

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

(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