Johnson v. Fischer
Missouri Court of Appeals
-Appeal from the Saline Circuit Court. — Hon. Richabd Field, Judge. „ (1) The complaint does not state or show that the Teal estate defendant is charged to have unlawfully detained is situated in Saline county — the county in which the suit was instituted — nor does it state or show That the land is situated in the state of Missouri. See McKinney v. Harrol, 31 Mo. App. 41; Tegler v. Mitchell, 46 Mo.
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-Appeal from the Saline Circuit Court. — Hon. Richabd Field, Judge. „ (1) The complaint does not state or show that the Teal estate defendant is charged to have unlawfully detained is situated in Saline county — the county in which the suit was instituted — nor does it state or show That the land is situated in the state of Missouri. See McKinney v. Harrol, 31 Mo. App. 41; Tegler v. Mitchell, 46 Mo. App. 350. The question of jurisdiction in this case is properly raised in the appellate court. Barnett v. Railroad, 68 Mo. 56; Graves v. McHugh, 58 .Mo. 499. (1) The courts in the rush of…
1Opinion of the CourtEllison, J.
— This is an action of unlawful, detainer and was begun before a justice of the peace in Saline county, Missouri. The complaint does not-show (and it does.not appear that the record anywhere showed) the premises detained were in Saline county, or in this state. Without this appearing, the justice-had no jurisdiction, since by statute (Revised Statutes, 1889, sec. 5091), a justice has jurisdiction in such actions only where the land lies in the county for which he is justice. Tegler v. Mitchell, 46 Mo. App. 349.
The complaint does locate the land as being “im section 33, township 51, range 19,”…
2Cases cited5 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Long v. WagonerSupreme Court of Missouri · 1870
- Carter v. TindallMissouri Court of Appeals · 1887
- Hastings v. HennesseyMissouri Court of Appeals · 1892
- Tegler v. MitchellMissouri Court of Appeals · 1891
3Cited by11 opinions
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
- Purcell v. MerrickMissouri Court of Appeals · 1913
- Brennan v. McMenamyMissouri Court of Appeals · 1899
- Patchen v. DurrettMissouri Court of Appeals · 1906
- Wagoner Undertaking Co. v. JonesMissouri Court of Appeals · 1908
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