State ex rel. Taylor v. Moss
Missouri Court of Appeals
Appeal from the ReKalb Circuit Court. — Hon. O. M. Spencer, Judge. (1) The county court being a court of special and limited powers, there is no presumption in law that it had jurisdiction to grant a license to the relator to keep a dramshop, and unless its jurisdiction appears upon the face of its proceedings, its acts are void. Haggard v. Railroad, 63 Mo. 303 ; Schell v. Lelantí45 Mo. 292; Etz v. Wheeler, 23 Mo. App. 449 ; Fisher v. Roves, 27 Mo.
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Appeal from the ReKalb Circuit Court. — Hon. O. M. Spencer, Judge. (1) The county court being a court of special and limited powers, there is no presumption in law that it had jurisdiction to grant a license to the relator to keep a dramshop, and unless its jurisdiction appears upon the face of its proceedings, its acts are void. Haggard v. Railroad, 63 Mo. 303 ; Schell v. Lelantí45 Mo. 292; Etz v. Wheeler, 23 Mo. App. 449 ; Fisher v. Roves, 27 Mo. App. 325. (2) In pleading a judgment of a court of limited jurisdiction it is necessary to show that the court had jurisdiction over the person…
1Opinion of the CourtSmith, P. J.
This was a proceeding by mandamus commenced in the circuit court of DeKalb county to compel the respondent, who was the clerk of the county court of that county, to issue to the relator a dramshop license.
*444The alternative writ of mandamus was very lengthy in its recitals and need not be set forth here. The reference made to it later on will serve our present purpose.
The return to the alternative writ denied every allegation therein exce pt that respondent was clerk of said county court.
It set forth two special defenses: (1) That there was pending in said circuit court a suit by the state at…
2Cases cited7 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Little v. HarringtonSupreme Court of Missouri · 1880
- Downer v. GarlandSupreme Court of Vermont · 1849
- State ex rel. Davis v. RogersSupreme Court of Missouri · 1883
- Rhine v. MontgomerySupreme Court of Missouri · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Atterbury v. HendricksMissouri Court of Appeals · 1907