Legal Opinion · Concurrence

Julian v. Kansas City Star Co.

Supreme Court of Missouri

Decided January 27, 1908Published

Appeal from Ray Circuit Court. — Hon. J. W. Alexander, Judge. (1) The cause of action accrued in Jackson county where both parties resided and the alleged libel was first published. Barnard v. Boulware, 5 Mo. 454; Bankers Life Assn. v. Shelton, 84 Mo. App. 688; Tomans v. Smith, 153 N. Y. 214; Railroad v. O’Bryan, 112 Ga., 130; Ithaca Fire Dept. v. Beecher, 99 N. Y. 429; Bruill v. Ins. Co., 72 Wis. 430; Tupp v. Morin, 25 Abb. N. C. 390; Harvey v. Ins.

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Appeal from Ray Circuit Court. — Hon. J. W. Alexander, Judge. (1) The cause of action accrued in Jackson county where both parties resided and the alleged libel was first published. Barnard v. Boulware, 5 Mo. 454; Bankers Life Assn. v. Shelton, 84 Mo. App. 688; Tomans v. Smith, 153 N. Y. 214; Railroad v. O’Bryan, 112 Ga., 130; Ithaca Fire Dept. v. Beecher, 99 N. Y. 429; Bruill v. Ins. Co., 72 Wis. 430; Tupp v. Morin, 25 Abb. N. C. 390; Harvey v. Ins. Co., 37 W. Ya. 281; Chevrier v. Robert, 6 Mont. 319'; Anglo-Am. D. Co. v. Lombard, 132 Fed. 749. (2) All the copies of one newspaper containing…

1Concurrence

SEPARATE CONCURRING OPINION.

GANTT, C. J.

We concur in Judge Valliant’s opinion but desire to add that in our opinion defendant waived the jurisdiction as to its person. That the Platte Circuit Court had jurisdiction of libel causes is of course conceded. One of the pivotal questions discussed by our brethren who have formulated the majority and the minority views of the court is, did the circuit court of Platte county lawfully acquire jurisdiction over the person of the defendant? We agree with Judge Valliant that the cause of action originated in Platte county when the newspaper containing…

2Cases cited6 opinions

  1. Feedler v. SchroederSupreme Court of Missouri · 1875
  2. Freeman v. BurksNebraska Supreme Court · 1884
  3. Montgomery v. Lebanon Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
  4. Carter v. Wamack & StaggsMissouri Court of Appeals · 1896
  5. Ferris' Administrator v. HuntSupreme Court of Missouri · 1855

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