White v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. The circuit court erred in giving the declarations of law asked by the defendant, and in finding for the defendant. The justice had jurisdiction of this cause, as Moniteau township, Howard county, is adjoining Missouri township, Boone county; this was plainly alleged in the petition and was fully sustained by the proof, as required by law.
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Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. The circuit court erred in giving the declarations of law asked by the defendant, and in finding for the defendant. The justice had jurisdiction of this cause, as Moniteau township, Howard county, is adjoining Missouri township, Boone county; this was plainly alleged in the petition and was fully sustained by the proof, as required by law. Backenstoe v. B’y, 86 Mo. 492; Mitchell v. B’y, 82 Mo. 106; R. S. 1889, secs. 6122 and 6126; Cruisinger v. B’y, 82 Mo. 64; R. S. 1889, sec. 6339; Gant v. B’y,' 79 Mo. 502; Bohn v. Devlin,…
1Opinion of the CourtGill, J.
This action was brought before a justice of the peace of Missouri township in Boone county wherein plaintiff complained that defendant’s engine and cars ran over and killed a hog at his farm located in Moniteau township, Howard county. The railroad was unfenced and the statutory double damages were asked.
The question on this appeal is, whether or not the justice of the peace of Missouri township in Boone county, whei’e the suit was instituted, had jurisdiction to try the case, when, as already stated, the animal was killed in Moniteau township, Howard county. The two townships adjoin, though…
2Cases cited4 opinions
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Fields v. MaloneySupreme Court of Missouri · 1883
- Brown v. WoodySupreme Court of Missouri · 1877
- Creason v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by1 opinion
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904