Belshe v. Lamp
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The transcript of a justice of the peace must show affirmatively all jurisdictional facts. No presumptions or intendments exist in their favor as in courts of record. Allen v. Scharringhausen, 8 Mo. App. 229; Gideon v. Hughes, 21 Mo. App. 528; Porter v. Railroad, 66 Mo.
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Appeal from Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The transcript of a justice of the peace must show affirmatively all jurisdictional facts. No presumptions or intendments exist in their favor as in courts of record. Allen v. Scharringhausen, 8 Mo. App. 229; Gideon v. Hughes, 21 Mo. App. 528; Porter v. Railroad, 66 Mo. App. 623; Hansberger v. Railroad, 43 Mo. 196; McCloon v. Beattie, 46 Mo. 391. (2) Every action by attachment in justice court must be brought- in the township in which the goods, credits or effects of tile defendant may be found, or in an adjoining township. R.…
1Opinion of the CourtEllison, J.
— This case comes here on an appeal from an order of the trial court refusing to quash an execution against appellant as garnishee in a certain attachment suit before justice of the peace in which respondent was plaintiff and one Lamp was defendant.
The proceedings leading up to the execution against appellant as garnishee being before a justice of the peace, it must appear affirmatively in the record that such justice had jurisdiction of the attachment suit else the judgment in that suit, and all subsequent proceedings depending upon that suit, including the garnishment, are void.
The…
2Cases cited3 opinions
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Rocheport Bank v. DoakMissouri Court of Appeals · 1898
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- Barnes v. PlessnerMissouri Court of Appeals · 1912
- Swezea v. JenkinsMissouri Court of Appeals · 1914
- Sedalia Milling Co. v. Stafford County Flour MillsMissouri Court of Appeals · 1913