Zimmerman v. Downey
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) We earnestly insist that the trial court had no jurisdiction of this cause. The so-called statement was not verified by affidavit as required by law. R. S. 1889, secs. 6169, 6170. The affidavit is not signed by the plaintiffs, and for this reason confers no jurisdiction upon the justice. • Grim v. Ellis ton, 33 Mo. App. 591; Bankv. Garton, 40 Mo.
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Appeal from the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) We earnestly insist that the trial court had no jurisdiction of this cause. The so-called statement was not verified by affidavit as required by law. R. S. 1889, secs. 6169, 6170. The affidavit is not signed by the plaintiffs, and for this reason confers no jurisdiction upon the justice. • Grim v. Ellis ton, 33 Mo. App. 591; Bankv. Garton, 40 Mo. App. 113; Doiudy v. Wamble, 110 Mo. 280; Hargadine v. VanHorn, 72 Mo. 370; Gross v. Hulett, 53 Mo. 397; Burnett v. McGluey, 92 Mo. 230; Frederick v. Tiffin, 22 Mo. App. 443;…
1Opinion of the CourtGill, J.
This is an action in replevin, brought before a justice of the peace for the recovery of specific personal property. Plaintiffs had judgment, both in the justice’s court and, on appeal, in the circuit court; and defendant brought the case here.
Respondents’ counsel call attention to the record, which shows that defendant failed to except to the action of the trial court in overruling the motion for new trial. We are, therefore, not authorized to consider the .various objections relating to the-course of the trial. These are to be treated as waived. This leaves, then, for review only such…
2Cases cited8 opinions
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- Eads v. StephensSupreme Court of Missouri · 1876
- Bingham v. MorrowMissouri Court of Appeals · 1888
- Scott-Force Hat Co. v. HombsSupreme Court of Missouri · 1895
- Keen v. MungerMissouri Court of Appeals · 1893
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3Cited by3 opinions
- Elsea v. BassMissouri Court of Appeals · 1934
- White v. GraceMissouri Court of Appeals · 1916
- Cummings v. EllisMissouri Court of Appeals · 1909