Simmons v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. This case having originated in a justice’s court, his jurisdiction must affirmatively appear by his record. Matson v. B. B. Co., 80 Mo. 229; Keane v. Bartholoio, 4 Mo.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. This case having originated in a justice’s court, his jurisdiction must affirmatively appear by his record. Matson v. B. B. Co., 80 Mo. 229; Keane v. Bartholoio, 4 Mo. App. 510; Bersch v. Schneider, 27 Mo. 101. As defendant, Lavelle, was not personally served with process, and as jurisdiction of his person could only be acquired by constructive notice, a strict compliance with every requirement of the statute must be observed in order to divest his interest in the property herein sought to be judicially alienated. Drake on…
1Opinion of the CourtThompson, J.
The plaintiff brought suit before a justice of the peace against Charles Lavelle, by attachment, and caused the attachment to be levied by garnishment, upon the goods and chattels, rights, and credits of the defendant, in the hands of the Missouri Pacific Railway Company, and summoned the latter as garnishee. The proceedings before the justice resulted in a judgment in favor of the plaintiff against the defendant, and also against the garnishee, from which the garnishee appealed to the circuit court. On trial in the circuit court de novo, judgment was again rendered against the garnishee, and…
2Cases cited6 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Holland v. AdairSupreme Court of Missouri · 1874
- Johnson v. GageSupreme Court of Missouri · 1874
- McCloon v. BeattieSupreme Court of Missouri · 1870
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3Cited by12 opinions
- Ferneau v. Armour and CompanyMissouri Court of Appeals · 1957
- Newland Hotel Co. v. Lowe Furniture Co.Missouri Court of Appeals · 1898
- Godman v. GordonMissouri Court of Appeals · 1895
- Moses P. Johnson Machinery Co. v. WatsonMissouri Court of Appeals · 1894
- Ollesheimer v. Thompson Manufacturing Co.Missouri Court of Appeals · 1891
7 more not listed; retrieve them via the Exa API.