Trimble v. Elkin
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. John A. Hoclcaday, Judge. (1) The transcript of the record of a justice of the peace should show on its face affirmatively every fact essential to confer jurisdiction. Nothing can be presumed, implied or inferred dehors the record. Warden v. Railroad, 78 Mo. App. 664; Barhydt v. Alexander, 59 Mo. App. 189; Klein v. Wielaridy, 15 Mo. App. 581; McQuoid v. Lamb, 19 Mo.
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Appeal from Boone Circuit Court. — Hon. John A. Hoclcaday, Judge. (1) The transcript of the record of a justice of the peace should show on its face affirmatively every fact essential to confer jurisdiction. Nothing can be presumed, implied or inferred dehors the record. Warden v. Railroad, 78 Mo. App. 664; Barhydt v. Alexander, 59 Mo. App. 189; Klein v. Wielaridy, 15 Mo. App. 581; McQuoid v. Lamb, 19 Mo. App. 153; Haggard v. Railroad, 63 Mo. 302; Fulkerson v. Davenport, 70 Mo. 541, 545. (2) Pacts giving jurisdiction to justices of the peace must affirmatively appear on the record since no…
1Opinion of the CourtBroaddus, J.
This was a suit to revive a judgment by scire facias. Erom tbe petition and record it is made to appear: that on tbe twenty-fiftb day of July, 1891, plaintiffs obtained a judgment against tbe defendant before W. S. Pratt, a justice of tbe peace for Oolumbia township, in said county of Boone, on a promissory note for $223.67, and $4.95 costs, witb interest; that on tbe twenty-seventb day of September, 1892, a certified transcript of said judgment was filed in tbe office of tbe circuit clerk of tbe county; and that a writ of scire facias was issued wbicb was served on tbe defendant.
On tbe…
2Cases cited9 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- Stillwell v. PattonSupreme Court of Missouri · 1891
- Sappington v. LenzMissouri Court of Appeals · 1893
- Olin v. ZeiglerMissouri Court of Appeals · 1891
- Randall v. LeeMissouri Court of Appeals · 1897
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3Cited by17 opinions
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- State v. WilsonSupreme Court of Missouri · 1915
- Kennedy v. BodenMissouri Court of Appeals · 1950
- State ex rel. Fairbanks, Morse & Co. v. AyersMissouri Court of Appeals · 1906
- White v. University Land Co.Missouri Court of Appeals · 1892
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