Fathman & Miller Planing Mill Co. v. Ritter
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Bon. George W. Lubke, Judge. Being without jurisdiction the court could not acquire jurisdiction by an amendment of the plaintiff’s petition. Haggerty v. Railroad, 63 Mo. 302. Where a court has no jurisdiction it has no power to do anything but to strike the case from the docket, and an award of costs and execution is void.
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Appeal from the St. Louis City Circuit Court. — Bon. George W. Lubke, Judge. Being without jurisdiction the court could not acquire jurisdiction by an amendment of the plaintiff’s petition. Haggerty v. Railroad, 63 Mo. 302. Where a court has no jurisdiction it has no power to do anything but to strike the case from the docket, and an award of costs and execution is void. Nashville v. Cooper, 6 Wall. 247; Mail Co. v. Fernandez, 12 Wall. 130. The fact that a proper notice had been filed, although not stated in the petition, could not aid plaintiff, for it is the claim as presented which…
1Opinion of the CourtThompson, J.
This action was brought before a justice of the peace to enforce a mechanic’s lien for materials furnished by the plaintiffs as sub-contractors, under B. C. Patterson, original contractor. The statement filed before the justice of the peace was drawn so as to charge as the contractors, not only B. C. Patterson, but also J. A. Patterson and George N. Truesdale, who were *407sureties on the contractor’s bond for B. C. Patterson, contractor ; but the joining of these additional defendants may be regarded as immaterial in the present state of the record.
I. The statement of cause of action before the…
2Cases cited5 opinions
- Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
- Schulenberg v. Prairie Home InstituteSupreme Court of Missouri · 1877
- Fitzpatrick v. ThomasSupreme Court of Missouri · 1876
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Rand v. GrubbsMissouri Court of Appeals · 1887
3Cited by3 opinions
- Norman v. BallentineMissouri Court of Appeals · 1981
- E. R. Darlington Lumber Co. v. PottingerMissouri Court of Appeals · 1912
- Morrison, Merrill & Co. v. WillardUtah Supreme Court · 1898