McClung v. Pulitzer PublishIng Co.
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) Neither the Circuit Court of Cole County nor the Circuit Court of Callaway County ever had any jurisdiction over this defendant, because Sec. 1755, R. S. 1909, authorizing plaintiffs to sue in-the county of their residence in actions for libel against corporate publishers, although the defendant resides in and must- he served in another county, is unconstitutional, being special or class legislation.
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Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) Neither the Circuit Court of Cole County nor the Circuit Court of Callaway County ever had any jurisdiction over this defendant, because Sec. 1755, R. S. 1909, authorizing plaintiffs to sue in-the county of their residence in actions for libel against corporate publishers, although the defendant resides in and must- he served in another county, is unconstitutional, being special or class legislation. It is exactly the same kind of statute as old Section 1754, which has been held unconstitutional by this court as applied to…
1Opinion of the Court
McBAINE, Special Judge.
This is an action for libel, in which the plaintiff recovered judgment and the defendant appealed to this court..
*380The suit was instituted in the Circuit Court of' Cole County, where the plaintiff resided, and summons was served upon the defendant in the City of St. Louis.
At the return term the defendant appealed specially and filed a plea to the jurisdiction of the Circuit Court of Cole County. The plea to the jurisdiction was, in substance, that defendant was a Missouri corporation engaged in publishing a newspaper, called the St. Louis Post-Dispatch, in the City of St.…
2Cases cited21 opinions
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- Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
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- Power Manufacturing Co. v. SaundersSupreme Court of the United States · 1927
- State Ex Rel. Allen v. BarkerSupreme Court of Missouri · 1979
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- Maidman v. Jewish Publications, Inc.California Supreme Court · 1960
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