Schell v. Leland
Supreme Court of Missouri
Error to First District Court. The petition should allege that the property upon which the lien was sought to be enforced, was situated in Kaw township. The Kansas City Court of Common Pleas is a court of inferior and limited jurisdiction, and could take nothing by implication, and nothing will be presumed in favor of its jurisdiction.
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Error to First District Court. The petition should allege that the property upon which the lien was sought to be enforced, was situated in Kaw township. The Kansas City Court of Common Pleas is a court of inferior and limited jurisdiction, and could take nothing by implication, and nothing will be presumed in favor of its jurisdiction. (Bloom v. Burdick, 1 Hill, 139 ; Bridge et al. v. Bracken, 3 Chand. 75 ; Pelton v. The Town of Blooming Grove, 3 Wis. 310 ; Simmons v. De Barre,.8 Abb. Pr. 269; 1 Johns. Cas. 2; Walker v. Turner, 9 Wheat. 549, Curtis’ ed., vol. 6, p. 178; McCormick v.…
1Opinion of the CourtWagner, Judge
This was a suit instituted in the Kansas City Court of Common Pleas to enforce a mechanic’s lien. Several irregularities appear in the record, but, from the view we have taken of the case, they require no special comment. The petition was filed with the' clerk of the Common Pleas Court on the 22d day of December, 1866, and on the 24th day of the same month a writ of summons Avas issued, directed to the marshal of said court, and made returnable on the fifth Monday in April next ensuing. The marshal did not hold the Avrit till the return day, but, on the 8th day of February intervening…
2Cases cited7 opinions
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Smith's Administrator v. RollinsSupreme Court of Missouri · 1857
- Hembree v. CampbellSupreme Court of Missouri · 1844
- Evans v. KingSupreme Court of Missouri · 1842
- Griffin v. SamuelSupreme Court of Missouri · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Harness v. CravensSupreme Court of Missouri · 1894
- Sutton v. ColeSupreme Court of Missouri · 1900
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
22 more not listed; retrieve them via the Exa API.