Legal Opinion

Kane v. McCown

Supreme Court of Missouri

Decided January 15, 1874PublishedCited by 51 opinions

Appeal from Johnson Circuit Gowrt. I. Tbe Circuit Court had no jurisdiction to hold courts at said meeting bouse, and its judgments, orders and decrees made thereat, without tbe appearance of parties and consent for trial or bearing, were void.

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Appeal from Johnson Circuit Gowrt. I. Tbe Circuit Court had no jurisdiction to hold courts at said meeting bouse, and its judgments, orders and decrees made thereat, without tbe appearance of parties and consent for trial or bearing, were void. (People vs. Nortbup, 37 N. Y., 205 ; People vs. Sanchez, 24 Cal., 20; Ross vs. Austin, 2 Cal., 183; People vs. Bradwell, 2 Oowen 447.) And it had no power to transfer the place. fixed by law for the sale of real estate under execution to any other place. II. Tlie authority of clerk to make an order of publication was limited to the vacation next…

1Opinion of the CourtNapton, Judge

This was an action of ejectment. The defendants are the widow and heirs of James McOown. The suit was originally against McOown, but, on his death, proceeded against his widow and children. It was revived against the widow, as administratrix, and against the minor children, who filed answers by their guardian ad litem.

The defendant, Caroline McOown, set up her dower rights, and her right to remain in the mansion house of her husband until dower was assigned. There was a replication to the answer, denying that McOown died seized of the premises, and also averring, that his mansion house and…

2Cases cited5 opinions

  1. Freeman v. ThompsonSupreme Court of Missouri · 1873
  2. Stewart v. SeveranceSupreme Court of Missouri · 1869
  3. Duncan v. MatneySupreme Court of Missouri · 1860
  4. Merchants' Bank of St. Louis v. HarrisonSupreme Court of Missouri · 1867
  5. Buchanan v. TracySupreme Court of Missouri · 1870

3Cited by51 opinions

  1. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  2. Toncray v. BudgeIdaho Supreme Court · 1908
  3. Jones v. ManlySupreme Court of Missouri · 1875
  4. Ballew v. YoungSupreme Court of Oklahoma · 1909
  5. Schanewerk v. HoberechtSupreme Court of Missouri · 1893

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