Remington Sewing Machine Co. v. Cushen
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The affidavit is fatally defective in not showing that the notary was such for the county where the venue was laid. — Bast v. Ketclmm, 5 Mo. App. 433; Bradley v. West, 60 Mo. 33. The fact of agency is not sworn to ; a mere recital is fatally defective. — Grawshaw v. Wright, 5 Mo.
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Appeal from the St. Louis Circuit Court. The affidavit is fatally defective in not showing that the notary was such for the county where the venue was laid. — Bast v. Ketclmm, 5 Mo. App. 433; Bradley v. West, 60 Mo. 33. The fact of agency is not sworn to ; a mere recital is fatally defective. — Grawshaw v. Wright, 5 Mo. App. 579 ; Cunningham v. Goelet, 4 Denio, 71 ; Ex parte Bank, 7 Hill, 177. The statement not containing the facts required by statute, the jurisdiction of the justice never attached.— Gist v. Boring, 60 Mo. 487 ; Schultheis v. Nan, 4 Mo. App. 593. An unequivocal demand was…
1Opinion of the CourtHayden, J.
This is an actionfor replevin for a sewing-machine. It is complained that the affidavit before.the justice runs thus: “ J. L. Jackson, agent for plaintiff, makes oath and says,” etc. It is undoubtedly more correct that the fact of agency should be stated and sworn to, instead of being added thus by way of description, but the point is not jurisdictional.
It is complained that the official authority of the notary is not shown. But the question is not here, as in Bast v. Ketchum, 5 Mo. App. 433, where the action was before the *530justice. Here the caption of the statement is “ City of St. Louis,”…
2Cases cited2 opinions
- Bradley v. WestSupreme Court of Missouri · 1875
- Bast v. KetchumMissouri Court of Appeals · 1878