Columbia Brewery Co. v. Forgey
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) We take the position that when the defendant consented and agreed for the cause to be reset at the foot of the docket, and again when he appeared and the cause was continued by agreement of the parties, this was such an appearance as waived proper service of process and the jurisdiction of the court, and was tantamount to a general appearance in the cause. Baisley y.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) We take the position that when the defendant consented and agreed for the cause to be reset at the foot of the docket, and again when he appeared and the cause was continued by agreement of the parties, this was such an appearance as waived proper service of process and the jurisdiction of the court, and was tantamount to a general appearance in the cause. Baisley y. Baisley, 113 Mo. 551; Hazeltine v. Messmore, 184 Mo. 316; McClure v. Iron Co., 90 M’o. App. 575; Seay v. Sanders, 88 Mo. App. 485; Waller v. Eyerett, 52 Mo. 57;…
1Opinion of the CourtNortoni, J.
This is a suit on several promissory notes. The merits of the cause were not inquired into, however, and the character of the action is only referred to for the purpose of determining whether the court was possessed of jurisdiction oyer the subject-matter. Defendant interposed a plea in abatement, challenging the jurisdiction of the court oyer his person. On a hearing, the court sustained the plea in abatement and gave judgment for defendant accordingly. Plaintiff prosecutes the appeal.
The testimony tended to prove that the plaintiff is a corporation, and was at all times, a resident of the…
2Cases cited18 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Brown v. WoodySupreme Court of Missouri · 1877
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Feedler v. SchroederSupreme Court of Missouri · 1875
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3Cited by9 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Mahan v. BaileSupreme Court of Missouri · 1948
- Greenwood v. SchnakeSupreme Court of Missouri · 1965
- Hutchinson v. SteinkeMissouri Court of Appeals · 1962
- Western Stoneware Co. v. Pike County Mineral Springs Co.Missouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.