Corrigan v. Morris
Missouri Court of Appeals
■Appeal from the Jackson Circuit Court. — Hon. Turner A. GriLL, Judge. (1) Suits on such special tax bills must be brought before a justice of the peace in Kansas City. Amended Charter, 1875, sec. 4, p. 60 ; Acts, 1875, p.253 ; Karnes v. Alexander, 92 Mo. 671. (2) And, if the jurisdiction of the justice of the peace does not affirmatively appear upon the face of the proceedings, the judgment and all acts thereunder are void. State v. St. Louis, 1 Mo.
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■Appeal from the Jackson Circuit Court. — Hon. Turner A. GriLL, Judge. (1) Suits on such special tax bills must be brought before a justice of the peace in Kansas City. Amended Charter, 1875, sec. 4, p. 60 ; Acts, 1875, p.253 ; Karnes v. Alexander, 92 Mo. 671. (2) And, if the jurisdiction of the justice of the peace does not affirmatively appear upon the face of the proceedings, the judgment and all acts thereunder are void. State v. St. Louis, 1 Mo. App. 503; Cunningham v. Railroad, 61 Mo. 33 ; Laggard v. Railroad, 63 Mo. 302 ; Barrett v. Railroad, 68 Mo. 65 ; Williams v. Browning, 45 Mo.…
1Opinion
*463ON 'REHEARING.
Ellison, J.
We are cited to the case of Harris v. Hunt, 97 Mo. 571, as decisive of this controversy. That case presents a new question not noticed in Karnes v. Alexander, supra, or in the original opinion herein. But it does not meet this case from the fact that in that case it is admitted that Kansas City is in Kaw township, and that the justice of the peace who rendered the judgment in that case had his office in Kansas City, while in this case no such admission is made. So, while there is a recital in this case that the judgment was rendered before a justice of the peace…
2Cases cited2 opinions
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Harris v. HuntSupreme Court of Missouri · 1888