Buddecke v. Garrels
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Thomas C. Hennings, Judge. (1) The courts will not countenance fraud on the part of a plaintiff in obtaining jurisdiction over defendant. Christian v. Williams, 111 Mo. 429, 443; Marsh v. Bast, 41 Mo. 493; Capital City Bank v. Knox, 47 Mo. 334; Byler v. Jones, 79 Mo. 261. (2) Defendant was entitled to a jury trial of the issue of fact presented by his plea to the jurisdiction.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Thomas C. Hennings, Judge. (1) The courts will not countenance fraud on the part of a plaintiff in obtaining jurisdiction over defendant. Christian v. Williams, 111 Mo. 429, 443; Marsh v. Bast, 41 Mo. 493; Capital City Bank v. Knox, 47 Mo. 334; Byler v. Jones, 79 Mo. 261. (2) Defendant was entitled to a jury trial of the issue of fact presented by his plea to the jurisdiction. Article 2, section 28, Constitution of Missouri; Article 2, section 14, Constitution of Missouri; 24 Cyc. 128. (3) Every publication of a libel is a…
1Opinion of the CourtBecker, J.
This case is an action for libel filed in the Circuit Court of the City of St. Louis, by William A. Buddecke, plaintiff, against. William L. Garrels, defendant. The case was tried to a jury, resulting in a verdict in favor of plaintiff for $500 actual damages, and from judgment rendered thereon defendant appeals.
Plaintiff in his petition alleges that he is a resident of the city of St. Louis. The defendant, who is a resident of St. Louis county was “found” and served in the city of St. Louis. At the return term following the service upon the defendant, the defendant appeared-specially and…
2Cases cited11 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Houston v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
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3Cited by1 opinion
- Trinidad Asphalt Manufacturing Co. v. Standard Oil Co.Missouri Court of Appeals · 1924