McQuoid v. Lamb
Missouri Court of Appeals
Appeal from the Knox County Circuit Court, Ben. E. Turner, Judge. The cause should have been dismissed. No cause of action is stated in amended complaint against the defendant. It is not stated the offence was in the absence of the husband or any other fact, to overcome the presumption that she did it, if at all, under the influence and direction of her husband.
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Appeal from the Knox County Circuit Court, Ben. E. Turner, Judge. The cause should have been dismissed. No cause of action is stated in amended complaint against the defendant. It is not stated the offence was in the absence of the husband or any other fact, to overcome the presumption that she did it, if at all, under the influence and direction of her husband. Dailey v. Houston, 58 Mo. 361. It is clearly error to admit the oral agreement of defendant, made October 25, 1883. She was then a married woman. If signed and executed in the most solemn form without her husband it would not sustain…
1Opinion of the CourtRombauer, J.
In an action of forcible entry and detainer the circuit court is not a court of original, but of appellate, jurisdiction. Under our statute, exclusive original jurisdiction vests in justices of the peace. It results from this, that no presumptions can be indulged by this court, in reviewing a judgment rendered by the circuit court, in such action, either in favor of the jurisdiction of the justice, or in favor of the jurisdiction of the circuit court. It is incumbent upon the party who claims under such judgment, affirmatively to show that the justice had jurisdiction in the premises…
2Cases cited2 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Fletcher v. KeyteSupreme Court of Missouri · 1877
3Cited by13 opinions
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- Olin v. ZeiglerMissouri Court of Appeals · 1891
- Purcell v. MerrickMissouri Court of Appeals · 1913
- Fisher v. DavisMissouri Court of Appeals · 1887
- Gideon v. HughesMissouri Court of Appeals · 1886
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