Stearns v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Error to Greene Circuit Coiort. — Hon. W. F. Geiger, Judge., (1) The Newton circuit court alone Laving jurisdiction of the original suit mentioned in the petition, it could be transferred to the Greene circuit court only by virtue of, and in compliance with, section 3484 of Revised Statutes.
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Error to Greene Circuit Coiort. — Hon. W. F. Geiger, Judge., (1) The Newton circuit court alone Laving jurisdiction of the original suit mentioned in the petition, it could be transferred to the Greene circuit court only by virtue of, and in compliance with, section 3484 of Revised Statutes. The petition in this case negatives the existence of each of the grounds and of the doing of each thing necessary to a proper change of the venue-of that case; hence the Greene circuit court never acquired jurisdiction. ■ Bray v\ Marshall, 66 Mo. 122; Fields v. Maloney, 78 Mo. 172; Snitjer v. Downing, 80…
1Opinion of the CourtBlack, J.
This case is here on a writ of error sued out by the plaintiff to review the action of the Greene county circuit court in sustaining a demurrer to the petition.
The petition discloses. these facts — we must take them as facts: On the fifth of December, 1877, the railroad company, the defendant in this suit, commenced an action in the Newton county circuit .court against *320Prank B. Stearns, the plaintiff in this suit, to recover a large sum of money, and to foreclose bis equity of redemption in some eight thousand acres of land and lots, all situated in that county. Stearns appeared and filed an…
2Cases cited5 opinions
- Fields v. MaloneySupreme Court of Missouri · 1883
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- State v. KnightSupreme Court of Missouri · 1875
- State v. DodsonSupreme Court of Missouri · 1880
- State v. WareSupreme Court of Missouri · 1879
3Cited by35 opinions
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Rice v. GriffithSupreme Court of Missouri · 1942
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