Crow v. Meyersieck
Supreme Court of Missouri
Appeal from Franldin Circuit Court.. — Hon. A. J. Seay, Judge. (1) It was competent for appellant to introduce the notice and return of service under which the probate court acted, to show it acted without having first acquired jurisdiction of the person of appellant and that for want of jurisdiction all of its proceedings were void.' R. S. secs. 1175, 1179 ; lb., secs. 1027, 1029 ; Bateson v. Ciarle, 37 Mo. 31; Moriland •». Holland, 44 Mo. 58. (2) The information in…
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Appeal from Franldin Circuit Court.. — Hon. A. J. Seay, Judge. (1) It was competent for appellant to introduce the notice and return of service under which the probate court acted, to show it acted without having first acquired jurisdiction of the person of appellant and that for want of jurisdiction all of its proceedings were void.' R. S. secs. 1175, 1179 ; lb., secs. 1027, 1029 ; Bateson v. Ciarle, 37 Mo. 31; Moriland •». Holland, 44 Mo. 58. (2) The information in writing, and notice, were the jurisdictional papers. Jurisdiction must be shown by the whole record, and when it appears from…
1Opinion of the CourtRay, J.
This is an action for injuries to the person and property of plaintiff, in depriving him. of his liberty, confining him in a lunatic asylum, failing to provide him while held in custody proper medical care and attention, and selling and disposing of his personal property. The defence is a plea that the plaintiff was duly adjudged to be a person of unsound mind, and defendant, appointed guardian of his person and estate by the probate court of Franklin county, and that as such guardian defendant *413took charge of and confined appellant at the asylum and sold the property, etc. Plaintiff contested…
2Cited by23 opinions
- State v. WearSupreme Court of Missouri · 1898
- Adams v. CowlesSupreme Court of Missouri · 1888
- Hunt v. SearcySupreme Court of Missouri · 1902
- Feurt v. CasterSupreme Court of Missouri · 1903
- Milner v. ShipleySupreme Court of Missouri · 1887
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