Henderson v. Henderson
Supreme Court of Missouri
Appeal from Platte Circuit Court. 'I. Tbis action is in rem. (Wagn. Stat., 1005, § 3; Han. & St. Jo. E. E. vs. Mahoney, 42 Mo.', 469-471; Doe vs. Oliver, 2 Smith’s Lead. Gas., § 585; Freeman Judg., pp. 504-6 §606.) ... ... II. Neither acquiescence nor consent, can confer jurisdiction.
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Appeal from Platte Circuit Court. 'I. Tbis action is in rem. (Wagn. Stat., 1005, § 3; Han. & St. Jo. E. E. vs. Mahoney, 42 Mo.', 469-471; Doe vs. Oliver, 2 Smith’s Lead. Gas., § 585; Freeman Judg., pp. 504-6 §606.) ... ... II. Neither acquiescence nor consent, can confer jurisdiction. (Grermond vs. People, 1 Hill, 343 ; Dudley vs. May hew, 3 Com., 9 ; Clyde & Rose Plankroad vs. Parker, 22 Barb., 323; Freeman Judg., §120, and authorities there cited; Bangs vs. McIntosh, 22 Barb., 591.) III. The law requires transcripts on change of venue to be filed at or before the second term after the…
1Opinion of the CourtYories, Judge
This action was originally brought in the Clay Circuit Court to set aside a conveyance of certain lands described in the petition, situate in Clay county, on the ground of fraud. The cause, after the action was commenced,was taken to the Circuit Court of Platte county, by change of venue.
The charges in the petition were as follows: That on the first day of June, 1856, defendant James Henderson, was in*537debted to one George Henderson on a promissory note for $6,500; that on tbe 31st day of March, 1859, George Henderson died, and Wm. W. Henderson, one of the plaintiffs, became his administrator;…
2Cases cited15 opinions
- Drury v. CrossSupreme Court of the United States · 1869
- Tompkins v. WheelerSupreme Court of the United States · 1842
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