Jones v. Pharis
Missouri Court of Appeals
Appeal from the Barry Circuit Court.—Hon. Lafayette Beasley, Special Judge. (1) Section 5164, Revised Statutes, does not undertake to render nugatory the acts of a justice, even where the affidavit for change of venue is properly made; for it only provides for the manner and causes, and, this chapter being a complete and separate law, it could not extend any further than the limitations of the statute.
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Appeal from the Barry Circuit Court.—Hon. Lafayette Beasley, Special Judge. (1) Section 5164, Revised Statutes, does not undertake to render nugatory the acts of a justice, even where the affidavit for change of venue is properly made; for it only provides for the manner and causes, and, this chapter being a complete and separate law, it could not extend any further than the limitations of the statute. Even though the filing of the affidavit for change of venue before the justice had the effect of divesting him of jurisdiction, yet, by taking an appeal to the circuit court, the appellants…
1Opinion of the CourtBiggs, J.
This is a proceeding in equity to enjoin the enforcement of an execution, issued on a judgment rendered by a justice of the peace in an action of unlawful detainer. The judgment was against the respondents herein, and in favor of the appellant Pharis. An execution in the ordinary form was issued on the judgment, and the constable (who is a defendant) levied upon the personal property of the respondents to satisfy the costs and damages assessed, and he was also threatening to further execute the writ by removing their tenants from the premises. The chief ground' alleged for the equitable…
2Cases cited5 opinions
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Earl v. HartSupreme Court of Missouri · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1886
- Colvin v. SixSupreme Court of Missouri · 1883
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
3Cited by6 opinions
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- Revere v. RevereSupreme Court of Kansas · 1931
- Baskowitz v. GuthrieMissouri Court of Appeals · 1903
- Endicott v. HallMissouri Court of Appeals · 1895
- O'Reilly v. HensonMissouri Court of Appeals · 1903
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