Carpenter v. McDavitt & Cottingham
Missouri Court of Appeals
Appeal from the Macon Circuit Cou/rt. — Hon. Andrew Ellison, Judge. (1) The Macon circuit court had no jurisdiction to try said cause. It could only have acquired jurisdiction by change of venue from the La Plata court, and the La Plata court had no power or jurisdiction to-mate the order until after all pleadings had been filed and the issues made up.
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Appeal from the Macon Circuit Cou/rt. — Hon. Andrew Ellison, Judge. (1) The Macon circuit court had no jurisdiction to try said cause. It could only have acquired jurisdiction by change of venue from the La Plata court, and the La Plata court had no power or jurisdiction to-mate the order until after all pleadings had been filed and the issues made up. Revised Statutes, 1889, sec. 2264, p. 584; Session Acts, 1877, pp. 215, 216; Amended Session Acts, 1879, 84; State ex rel. v. Bacon, 107 Mo. 627. (2) Appearance by defendants and answering, after the motion to remand, could not confer…
1Opinion of the CourtSmith, P. J.
— The plaintiff sued the defendants for -malpractice. The defendants are partners, and practicing physicians and surgeons at La Plata, Missouri. Plaintiff, who lived within a couple of miles of La Plata, had his leg broken by his horse falling with him on the second Sunday in May, 1889; it was the twelfth of the month. He called the defendants to attend him and gave them his case. On the afternoon of the same day they called, took charge of the case, reduced the fracture and put on a temporary dressing of splints, etc.
The fracture was near the junction of the lower and middle thirds of the…
2Cases cited22 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
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3Cited by13 opinions
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Wheeler v. BowlesSupreme Court of Missouri · 1901
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894
- Lachner Bros. v. Adams Express Co.Missouri Court of Appeals · 1897
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