Hannibal & St. Joseph Railroad v. Mahoney
Supreme Court of Missouri
Appeal from Sixth District Court. Appellant commenced suit in the Circuit Court of Marion county to recover treble damages for certain alleged trespasses in cutting and carrying away timber from certain land situated in Lewis county, Mo. Respondent filed an answer denying that he wrongfully entered upon said land; denying the appellant’s ownership thereof; and denying the cutting down of said timber.
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Appeal from Sixth District Court. Appellant commenced suit in the Circuit Court of Marion county to recover treble damages for certain alleged trespasses in cutting and carrying away timber from certain land situated in Lewis county, Mo. Respondent filed an answer denying that he wrongfully entered upon said land; denying the appellant’s ownership thereof; and denying the cutting down of said timber. He then pleaded, in abatement of appellant’s suit, the fact that the real estate described in appellant’s petition was situated ip the county of Lewis. Appellant demurred to that part of the…
1Opinion of the CourtWagner, Judge
In the District Court the judgment was affirmed without any discussion of the merits of the question raised, simply on the ground that the plaintiff had failed to file any motion for a new *471trial or in arrest of judgment in the Circuit Court. The error complained of is apparent on the face of the record; refers exclusively to the jurisdiction of the court, and may be revised without the saving of exceptions or the filing of a motion for a new trial.
The only question raised by the record is whether the Circuit Court had jurisdiction of the cause; and that may always be inquired into. The action…
2Cited by16 opinions
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
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