Purcell v. Merrick
Missouri Court of Appeals
Appeal from Caldwell Circuit Court — Ho». Arch B. Davis, Judge. (1) The action of forcible entry and unlawful detainer under our statute is a special statute proceeding, summary in its nature, and the law conferring jurisdiction on justices of the peace must be strictly pursued in the method of procedure prescribed by it or the jurisdiction will fail to attach, and the proceeding will be coram, non judice and void.
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Appeal from Caldwell Circuit Court — Ho». Arch B. Davis, Judge. (1) The action of forcible entry and unlawful detainer under our statute is a special statute proceeding, summary in its nature, and the law conferring jurisdiction on justices of the peace must be strictly pursued in the method of procedure prescribed by it or the jurisdiction will fail to attach, and the proceeding will be coram, non judice and void. This seems to be the rule in other States with statutes similar to ours in forcible entry and detainer, and is the rule in our State. 19 Cyc. p. 1147 and cases cited in note 38…
1Opinion of the CourtJohnson, J.
This is a suit for forcible entry and detainer begun in a justice court and removed to-the circuit court by certiorari. After the cause was-lodged in the circuit court defendant filed a motion to dismiss it on the ground of an alleged jurisdictional defect in the complaint.
Section 7660, Eevised Statutes 1909, requires a written complaint ‘ ‘ signed by the party aggrieved, his-agent or attorney and sworn to,” etc., to be filed with the justice and in attempted compliance with this statute, a written complaint was filed which purported to-be signed “Frank Purcell by-Atty. for plaintiff.” After…
2Cases cited13 opinions
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Krevet v. MeyerSupreme Court of Missouri · 1856
- Fletcher v. KeyteSupreme Court of Missouri · 1877
- McQuoid v. LambMissouri Court of Appeals · 1885
- Johnson v. FischerMissouri Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Robertson v. RobertsonMissouri Court of Appeals · 1914
- Harris v. ChristySupreme Court of Kansas · 1949
- First National Bank v. GriffithMissouri Court of Appeals · 1916
- Safety Savings & Loan Ass'n v. WilliamsMissouri Court of Appeals · 1934
5 more not listed; retrieve them via the Exa API.