Cooksey v. Kansas City, St. Jo. & Council Bluffs R. R.
Missouri Court of Appeals
Appeal from Holt Circuit Court, Hon. H. S. Kelly, Judge. Statement of the case by the court: This action was instituted in a justice’s court to recover damages alleged to have been .done plaintiff’s mule by the cars of defendant.
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Appeal from Holt Circuit Court, Hon. H. S. Kelly, Judge. Statement of the case by the court: This action was instituted in a justice’s court to recover damages alleged to have been .done plaintiff’s mule by the cars of defendant. The statement filed in the justice’s court showed, among other matters, that the injury was done on the 18th day of May, 1877; that the action had been pending in the Holt county circuit court since the 10th day of August, 1877; that at the January term of said court for 1878, the, plaintiff recovered judgment therein, which judgment, on appeal, was reversed by the…
1Opinion of the Court
Opinion by
Philips, P. J.
I am unable to perceive what standing the defendant has in this court to have reviewed the imputed errors raised by it on this appeal. The justice’s court had jurisdiction of the subject matter. — Rev. Stat., sect. 2835. The only objection urged by defendant against the jurisdiction of the justice over the person of defendant, is as to the qualification of Carter, the special deputy, to serve the summons. Carter was not a constable or deputy constable. But by section 2862, Revised Statutes, the justice is expressly authorized to deputize other person than the constable…
2Cases cited6 opinions
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Revelle v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Rowley v. HindsSupreme Court of Missouri · 1872
- Town of Brownsville v. RembertSupreme Court of Missouri · 1876
- Boren v. WeltySupreme Court of Missouri · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stegall v. American Pigment & Chemical Co.Missouri Court of Appeals · 1910
- Holdridge v. MarshMissouri Court of Appeals · 1887
- Horton v. Kansas City, Fort Scott & Gulf RailroadMissouri Court of Appeals · 1887
- Overstreet v. MoserMissouri Court of Appeals · 1901
- Wolff v. CoffinMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.