State ex rel. Inhabitants of Neosho v. Baker
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hois. Joseph Cravens,. Judge. A statement of facts constituting a cause of action is as essential in this, as in other cases; the warrant for arrest could constitute no part of such statement. Inhabitants of Memphis v. O’Conner, 53 Mo. 469; 2 Wag. Stat., p-. 1317, § 11, p. 1318, § 16; St. Louis v. Smith, 10 Mo. 439; St. Louis v. Life Association, 53 Mo. 466; 1 Dillon Munic. Corp., § 346.
1Opinion of the CourtNorton, J.
This was a proceeding on the part of plaintiff against defendant for maintaining a nuisance, instituted before a justice of the peace, which being tried on appeal to the Newton county circuit court, plaintiff obtained judgment, from which defendant has,appealed. Defendant filed in the circuit court, as well as, before the justice of the peace, a motion to dismiss the suit on the: ground that the justice of the peace had no jurisdiction,, and the further ground that no sufficient complaint or statement had been filed. This motion was overruled, and the action of the court in this respect is…
2Cases cited1 opinion
- Missouri City v. HutchinsonSupreme Court of Missouri · 1879
3Cited by3 opinions
- Freeman v. McCriteMissouri Court of Appeals · 1912
- City of Salisbury v. PattersonMissouri Court of Appeals · 1887
- State v. MuirMissouri Court of Appeals · 1901