Wonderly v. Lafayette County
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action. It fails to state any facts stowing that the United States court, in which judgment in the Owings case was rendered, had any jurisdiction, either of the person of the defendant or the subject-matter of said suit.
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action. It fails to state any facts stowing that the United States court, in which judgment in the Owings case was rendered, had any jurisdiction, either of the person of the defendant or the subject-matter of said suit. Nor does it contain any averments which are by law made tantamount to a statement of facts showing jurisdiction. That court, being a court of limited jurisdiction, it was absolutely necessary, either to set forth the facts, or to…
1Opinion of the CourtValliant, J.
This is a suit begun 18th September, 1895,in the circuit court of Lafayette county upon a judgment rendered 31st of October, 1885, in the circuit court of the United States for the Western Division of the Western District of Missouri in favor of one Francis D. Owings against Lafayette County for $11,791.45, and alleged to have been *641assigned to the plaintiff Wonderly. The petition alleges the issuance and service on defendant of the summons, the return of same, and rendition of judgment and assignment thereof' to plaintiff: that the cause of action on which it was found consisted of bonds and…
2Cases cited19 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Des Moines Navigation & Railroad v. Iowa Homestead Co.Supreme Court of the United States · 1887
- Williams v. NottawaSupreme Court of the United States · 1881
- Farmington v. PillsburySupreme Court of the United States · 1885
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3Cited by24 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Lieber v. LieberSupreme Court of Missouri · 1911
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Cummins v. DixonSupreme Court of Missouri · 1954
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