Missouri, Kansas & Texas Railway Co. v. Warden
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon W. W. Wood, Judge. (1) The summons issued by the justice of the peace was void, and the service of it did not confer jurisdiction upon that court, and the judgment should not be enforced, but should have been vacated. R. S., secs. 6145, 6146, 6147; Brandenburgerv. Easley, 78 Mo. 659; Hill v. Ore and Steel Co., 90Mo. 103-105; Leas v. Express Co., 45 Mo. App. 598; Webster v. B’y, 57 Mo.
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Appeal from the Johnson Circuit Court. — Hon W. W. Wood, Judge. (1) The summons issued by the justice of the peace was void, and the service of it did not confer jurisdiction upon that court, and the judgment should not be enforced, but should have been vacated. R. S., secs. 6145, 6146, 6147; Brandenburgerv. Easley, 78 Mo. 659; Hill v. Ore and Steel Co., 90Mo. 103-105; Leas v. Express Co., 45 Mo. App. 598; Webster v. B’y, 57 Mo. App. 451; Schell v. Leland, 45 Mo. 289; France v. Evans, 90 Mo. 74-77; Williams v. Monroe, 125 Mo. 574-584; Dwight v. Merritt, 18 Blatchf. 305; Pearlee v. Haberstro,…
1Opinion of the CourtG-ill, J.
This is a suit in equity brought to enjoin defendant Warden from suing out an execution and collecting a certain judgment for $200 — which said Warden obtained against the plaintiff before a justice of the peace on August 24, 1896.
The judgment before the justice was on default and was based on a complaint for double damages for killing Warden’s mare. The railroad company *119failed to appear at the trial or to appeal the case, but subsequently instituted this action to enjoin the justice’s judgment on the ground that the same was void. The sole objection relates to the sufficiency of the summons…
2Cases cited6 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Leonard v. SparksSupreme Court of Missouri · 1893
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Thompson v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Davis v. WadeMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ellis v. NuckolsSupreme Court of Missouri · 1911
- Bracken v. MilnerMissouri Court of Appeals · 1903
- Fish v. St. Louis County Printing & Publishing Co.Missouri Court of Appeals · 1903
- Hyde v. ParksMissouri Court of Appeals · 1926
- State Ex Rel. Woolman v. GuinotteMissouri Court of Appeals · 1926
2 more not listed; retrieve them via the Exa API.