Legal Opinion

State ex rel. Dutcher v. Shelton

Supreme Court of Missouri

Decided April 28, 1913PublishedCited by 22 opinions

Prohibition. (1) In order that the circuit court of Adair county might have jurisdiction of the person of Marie Dutcher, a resident of the city of St. Louis, by virtue of service upon her of the writ and petition in the suit wherein she and Harrington, a resident of Adair county, were named as defendants, it is necessary that the petition served npon her should state a joint liability as against her and the resident defendant Harrington.

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Prohibition. (1) In order that the circuit court of Adair county might have jurisdiction of the person of Marie Dutcher, a resident of the city of St. Louis, by virtue of service upon her of the writ and petition in the suit wherein she and Harrington, a resident of Adair county, were named as defendants, it is necessary that the petition served npon her should state a joint liability as against her and the resident defendant Harrington. State ex rel. v. Bradley, 193 Mo. 39; Graham v. Eingo, 67 Mo, 324. (2) Furthermore, the joint liability must he stated in good faith and the resident…

1Opinion of the CourtWoodson, J.

This is a proceeding in prohibition, instituted in this court by tbe relator, against tbe Honorable Nat M. Shelton, judge of tbe circuit court of Adair county, to prevent bim from further proceeding with tbe trial and determination of tbe case ol Campbell & Ellison, a co-partnership, engaged in tbe practice of law, at Kirksville, Adair county, Missouri, plaintiffs, against one F. M. Harrington, an attorney, at tbe same place, and tbe relator herein, Marie Dutcher, tbe defendants therein.. As tbe facts are practically undisputed and are stated in tbe petition for tbe writ, and tbe return…

2Cases cited20 opinions

  1. Benedick v. PottsCourt of Appeals of Maryland · 1898
  2. Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
  3. McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  4. Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  5. Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909

15 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Vietmeier v. VossSupreme Court of Missouri · 1952
  2. Willey v. Fyrogas Co.Supreme Court of Missouri · 1952
  3. Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
  4. Winters v. Terminal R. Ass'n of St. LouisSupreme Court of Missouri · 1952
  5. Diehr v. Carey and Fid. Cas. Co. of N.Y.Missouri Court of Appeals · 1945

17 more not listed; retrieve them via the Exa API.

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