Olin v. Zeigler
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court had no jurisdiction of the subject-matter of the suit, for the reason that there was no instrument sued on, or a statement of the account, or a •statement of the facts constituting the cause of action upon which the suit is founded, filed before process was issued in this suit. R. S. 1889, sec. 6138; Peddicord ». Railroad, 85 Mo. 160-162; Pattison v. Lutz, 1 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court had no jurisdiction of the subject-matter of the suit, for the reason that there was no instrument sued on, or a statement of the account, or a •statement of the facts constituting the cause of action upon which the suit is founded, filed before process was issued in this suit. R. S. 1889, sec. 6138; Peddicord ». Railroad, 85 Mo. 160-162; Pattison v. Lutz, 1 Mo. App. 133-135 ; Barr ». Blomberg, 37 Mo. App. 605, 608. And plaintiff did not offer to file the basis of his cause of action in the circuit court, but…
1Opinion of the CourtEllison, J.
This action is founded on a duebill for $100, which is alleged to have been filed with Thomas King, a justice of the peace. The transcript of the justice does not show that the duebill or other statement of a cause of action was filed or lodged with the justice, though it does show that he issued process. A change of venue was taken from Justice King to Justice Mayberry, where defendant moved to dismiss for want of jurisdiction in the justice — no instrument or other foundation of the suit having been filed with King. Whereupon plaintiff asked leave to file a certain duebill as constituting…
2Cases cited2 opinions
- McQuoid v. LambMissouri Court of Appeals · 1885
- Gideon v. HughesMissouri Court of Appeals · 1886
3Cited by12 opinions
- Trimble v. ElkinMissouri Court of Appeals · 1901
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- Randall v. LeeMissouri Court of Appeals · 1897
- Wise v. LoringMissouri Court of Appeals · 1893
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