Ellis v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. Chas. G. Burton, Judge. Under the statute, this action could only be brought before a justice of the peace of the township in which the injuries sued for happened, or some adjoining township.
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Appeal from Vernon Circuit Court. — Hon. Chas. G. Burton, Judge. Under the statute, this action could only be brought before a justice of the peace of the township in which the injuries sued for happened, or some adjoining township. Rev. Stat., § 2839. The petition alleges the killing to have occurred in Washington township, and the suit was brought before a justice of the peace of Center township, and there is no allegation that the latter adjoins the former, nor is this allegation supplied by any recital of record. The jurisdiction of the justice not being made to appear, the motion to…
1Opinion of the Court
Ewing, C.
The plaintiff commenced this action before H. P. Mobley; a justice of the peace of Centex township in Yernon county, to recover double damages under section 809, Rev. Stat., for certain stock, all alleged to have been killed by the defendant in Washington township, in said county. There is no allegation that Washington township adjoins Center. The plaintiff recovered judgment before the justice, from which the defendant appealed to the circuit court, where it filed a motion to dismiss the cause, alleging that “the court before whom this suit was brought did not have, nor has this…
2Cases cited1 opinion
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by6 opinions
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Kinion v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1888
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
- Wiseman v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1888
- Brittin and Wilson-Ward Co. v. HinesMissouri Court of Appeals · 1922
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