Cardwell v. Conner
Missouri Court of Appeals
Appeal from Taney Circuit Court. — Hon. John T. Moore, Judge. (1) The motion to dismiss the cause of action should have been sustained as it does not affirmatively appear that the conversion, if any, was in Swan township, or in an adjoining township, or even in Taney county. Therefore the justice had no jurisdiction. Warden v. Railroad, 78 Mo. App. 664; Bank v. Doak, 75 Mo. App. 332; Biggs v. Railroad, 111 Mo. 168; Gideon v. Hughes, 21 Mo.
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Appeal from Taney Circuit Court. — Hon. John T. Moore, Judge. (1) The motion to dismiss the cause of action should have been sustained as it does not affirmatively appear that the conversion, if any, was in Swan township, or in an adjoining township, or even in Taney county. Therefore the justice had no jurisdiction. Warden v. Railroad, 78 Mo. App. 664; Bank v. Doak, 75 Mo. App. 332; Biggs v. Railroad, 111 Mo. 168; Gideon v. Hughes, 21 Mo. App. 528; Haggard v. Railroad, 63 Mo. 302; Pier v. Heinrichoffen, 52 Mb. 333. (2) The court should have sustained defendant’s motion to dismiss because the…
1Opinion of the CourtGray, J.
On the 4th day of June, 1906, this suit was. commenced before J. A. Thomas, a justice of the peace of Swan township, in Taney county, upon the- following cause of action:
“State of Missouri, County of Taney — ss.
“Thomas Cardwell v. J. D. Conner and J. M. Conner.
“The defendants debtors to the plaintiff in the sum of $20.00, being the amount asked for one male- hog driven off and shipped by the defendants on or about May 3d, 1906.
“T. J. Cardwell.
“Subscribed and sworn to before me this, the 3d day of May, 1906.
“J. A. Thomas, J. P ”
The return of the constable shows that the defendants were served…
2Cases cited10 opinions
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Weese v. BrownSupreme Court of Missouri · 1890
- Whiting v. Big River Lead Co.Supreme Court of Missouri · 1906
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