Clark v. People's Collateral Loan Co.
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court.— Hon. James Gibson, Judge. (1) The justice’s judgment was absolutely void, especially against this defendant, because the necessary jurisdictional facts do not appear from the justice’s record. This proposition requires no citation of authorities in this state.
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Appeal from the Jaclcson Circuit Court.— Hon. James Gibson, Judge. (1) The justice’s judgment was absolutely void, especially against this defendant, because the necessary jurisdictional facts do not appear from the justice’s record. This proposition requires no citation of authorities in this state. Zimmerman v. Snowden, 88 Mo. 218; Bigelow on Estop. [ 4 Ed.] p. 48. It is only where the statute does not require the essential facts to be entered of record by the justice on his docket that they may be established otherwise than by the docket itself. Kansas v. Alexander, 92 Mo. 660, 671. I he…
1Opinion of the CourtSmith, P. J.
This action originated before a justice of the peace, and was based upon a breach of an implied warranty of title in the sale of a typewriter. The plaintiff had judgment in the circuit court, from which defendant appealed.
I. At the trial, the plaintiff, to maintain the issue in his behalf, offered in evidence the judgment of a justice in an action of replevin, wherein K. M. Olmstead was plaintiff and Clark, the plaintiff in this suit, was the defendant, to which offer the defendant objected on the ground that the judgment was immaterial, which objection was by the court overruled, and to…
2Cases cited22 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Walker v. OwenSupreme Court of Missouri · 1883
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Birch v. BentonSupreme Court of Missouri · 1858
- Dickey v. MalechiSupreme Court of Missouri · 1839
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3Cited by10 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Connor v. BlackSupreme Court of Missouri · 1893
- Skates v. LippertMissouri Court of Appeals · 1979
- Hart Ex Rel. Knaebel v. SkeetsSupreme Court of Missouri · 1940
- Fisher v. St. Louis Transit Co.Supreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.