Miller v. Hoover
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The petition does not state a canse of action. It fails to show anything authorizing this suit to he brought by plaintiff. (2) Plaintiff’s own testimony shows that neither the probate nor the circuit court of Ray county, Missouri, had any jurisdiction. Plaintiff proved himself out of court. (3) A judgment is local in its nature; and therefore must be administered on in the jurisdiction where rendered.
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Appeal from Ray Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The petition does not state a canse of action. It fails to show anything authorizing this suit to he brought by plaintiff. (2) Plaintiff’s own testimony shows that neither the probate nor the circuit court of Ray county, Missouri, had any jurisdiction. Plaintiff proved himself out of court. (3) A judgment is local in its nature; and therefore must be administered on in the jurisdiction where rendered. Naylor v. M'offatt, 29 Mo. 126; Strong v. White, 19 Conn. 238; 2 Am. and Eng. Ency. Law (2 Ed.), p. 766; Gold v. Strode, 1…
1Opinion of the CourtJohnson, J.
J. C. Pittington recovered a judgment against defendant in the circuit court of Rocking-ham county, Virginia. A short time thereafter defendant moved to Missouri and ever since has resided in Ray county. Some years later Pittington died in Rocking-ham county and an administrator of his estate was duly appointed by the probate court of that county. This was followed by the appointment of an administrator by the probate court of Ray county and the present suit was brought by the latter administrator in the circuit court of Ray county to recover on the Virginia judgment. It is conceded that no…
2Cases cited14 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Wilkins v. EllettSupreme Court of the United States · 1883
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Smith, Administrator v. the Union Bank of GeorgetownSupreme Court of the United States · 1831
- McPike v. McPikeSupreme Court of Missouri · 1892
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3Cited by10 opinions
- Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- State Ex Rel. Emerson v. City of Mound CitySupreme Court of Missouri · 1934
- Turner v. Alton Banking & Trust Co.Court of Appeals for the Eighth Circuit · 1948
- Wells v. DavisSupreme Court of Missouri · 1924
- Estate of Thompson v. W. G. Coyle & Co.Supreme Court of Missouri · 1936
5 more not listed; retrieve them via the Exa API.