Legal Opinion

State ex rel. American Pigment & Chemical Co. v. Shields

Supreme Court of Missouri

Decided November 27, 1911PublishedCited by 13 opinions

Prohibition. (1) All of the returns of. the special constable appearing in the record in this case are insufficient to confer jurisdiction in this: (a) The, original return of the special constable is insufficient in that it appears affirmatively on the face of the return, “Said defendant corporation, American Pigment & Chemical Company, having no business office in St. Louis at time of service.”

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Prohibition. (1) All of the returns of. the special constable appearing in the record in this case are insufficient to confer jurisdiction in this: (a) The, original return of the special constable is insufficient in that it appears affirmatively on the face of the return, “Said defendant corporation, American Pigment & Chemical Company, having no business office in St. Louis at time of service.” Sec. 3862, R. S. 1899; see. 7423, R. S. 1909.-(b) What purports to be the first amended return has no validity, as there is nothing on the return or in the transcript of the justice to show that it…

1Opinion of the CourtGraves, J.

Relator applied for a writ of prohibition against the Judge of División No. 9 of the circuit court of the city of St. Louis. The purpose was to prohibit said judge from enforcing a judgment rendered therein in a case of Harry W. Stegall v. American Pigment & Chemical Company, the relator herein. The Stegall suit was first instituted in one of the justices’ courts of the city of St. Louis and from thence taken to the circuit court. This is as far as we are informed by the petition for the writ of prohibition. The relator in this suit, the defendant in that suit, had challenged the jurisdiction…

2Cases cited3 opinions

  1. State ex rel. Crouse v. MillsSupreme Court of Missouri · 1910
  2. Stegall v. American Pigment & Chemical Co.Missouri Court of Appeals · 1910
  3. Coleman v. DaltonMissouri Court of Appeals · 1897

3Cited by13 opinions

  1. Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
  2. Stegall v. American Pigment & Chemical Co.Supreme Court of Missouri · 1915
  3. State ex rel. Connors v. SheltonSupreme Court of Missouri · 1911
  4. State ex rel. Standard Fire Insurance v. GanttSupreme Court of Missouri · 1918
  5. State Ex Rel. Calhoun v. ReynoldsSupreme Court of Missouri · 1921

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