Ford v. Gray
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Ho». George W. Wanamaker, Judge. (1) The circuit court acquired no jurisdiction in this case. Devore v. Staeckler, 49 Mo. App. 547; Moulder v. Anderson, 63 Mo. App. 34; Bader v. Jones, 119 Mo. App. 685; Whitehead v. Cole, 49 Mo. App. 429; Hyatte v. Wheeler, 101 Mo. App. 359; Green v. Castello, 35 Mo. App. 137. (2) The court erred in overruling defendant’s motion to strike out the amended statement, filed by the plaintiffs.
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Appeal from Harrison Circuit Court. — Ho». George W. Wanamaker, Judge. (1) The circuit court acquired no jurisdiction in this case. Devore v. Staeckler, 49 Mo. App. 547; Moulder v. Anderson, 63 Mo. App. 34; Bader v. Jones, 119 Mo. App. 685; Whitehead v. Cole, 49 Mo. App. 429; Hyatte v. Wheeler, 101 Mo. App. 359; Green v. Castello, 35 Mo. App. 137. (2) The court erred in overruling defendant’s motion to strike out the amended statement, filed by the plaintiffs. Barr v. Blomberg, 37 Mo. App. 605; Moulder v. Anderson, 63 Mo. App. 34; Thomas v. Moore, 46 Mo. App. 22; Smith v. Chapman, 71 Mo. 217;…
1Opinion of the CourtBroaddus, P. J.
This suit originated in a justice’s court where defendant prevailed and the plaintiffs appealed. When the case reached the circuit court defendant moved to dismiss the case because the court had no jurisdiction. The specific grounds assigned for a dismissal are: that there was no statement filed setting out a cause of action; and that there was no appeal.
The suit- was for the sum of $50 evidenced by a written subscription whereby defendant among others agreed to pay to plaintiffs a certain sum for the purpose of digging a new channel for Grand river east of Akron, Missouri. This subscription…
2Cases cited5 opinions
- Swink v. AnthonyMissouri Court of Appeals · 1902
- Flannery v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1891
- Long Bros. v. Bolen Coal Co.Missouri Court of Appeals · 1894
- Curtis v. TylerCourt of Appeals of Kansas · 1901
- McClure Bros. v. School DistrictMissouri Court of Appeals · 1896
3Cited by5 opinions
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- State v. ByrnesMissouri Court of Appeals · 1944
- Bartschat v. DowneyMissouri Court of Appeals · 1913
- State v. FleetwoodMissouri Court of Appeals · 1910
- State v. MossMissouri Court of Appeals · 1912