Legal Opinion

Rosencranz v. Swofford Bros. Dry Goods Co.

Supreme Court of Missouri

Decided June 9, 1903PublishedCited by 17 opinions

Appeal from Jackson Circuit Court. — No». Echo. P. Gates, Judge. (1) The taking of the goods from Missouri to Kansas was an illegal and fraudulent attempt to give the Kansas court jurisdiction of the property, and the court of common pleas of Wyandotte county,' Kansas, obtained no jurisdiction over the property, and the ex parte proceedings and judgment therein are void and of no effect whatever.

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Appeal from Jackson Circuit Court. — No». Echo. P. Gates, Judge. (1) The taking of the goods from Missouri to Kansas was an illegal and fraudulent attempt to give the Kansas court jurisdiction of the property, and the court of common pleas of Wyandotte county,' Kansas, obtained no jurisdiction over the property, and the ex parte proceedings and judgment therein are void and of no effect whatever. Deyo v. Jennison, 10 Allen 410; Ilsley v. Nichols, 12 Pick. 270; Alder son on Judicial Writs and Process, 275, 276, 277; Drake on Attachment, sec. 193; 1 Wade on Attachment, sec. 130; Haddan v. v.…

1Opinion of the Court

GANTT, P. J. J.

— This is an action of trover and conversion to recover the value of thirteen cases and seven hales of dry goods, clothing, etc., and was brought and tried in the Jackson Circuit Court, and resulted in a verdict for defendant. Plaintiff appeals.

On November 4, 1895, one Herman Goldberg, a merchant of Raton, New Mexico, sold and delivered these goods to the plaintiff, Bertha Rosencranz. Swofford Brothers Dry Goods Company was and is a wholesale clothing house of Kansas City, Missouri. Mrs. Bertha Rosencranz, the plaintiff, is a citizen of Chicago, Illinois, and her husband, a…

2Cases cited18 opinions

  1. Everett v. SaltusNew York Supreme Court · 1836
  2. Dunlap & Co. v. CodySupreme Court of Iowa · 1871
  3. Byler v. JonesSupreme Court of Missouri · 1883
  4. Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
  5. Stowell v. . OtisNew York Court of Appeals · 1877

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. McFern v. GardnerMissouri Court of Appeals · 1906
  2. Osborn v. Chandeysson Electric Co.Supreme Court of Missouri · 1952
  3. State v. MontgomerySupreme Court of Missouri · 1904
  4. Richards v. EarlsSupreme Court of Missouri · 1939
  5. Sydney v. Coca-Cola Co.Missouri Court of Appeals · 1978

12 more not listed; retrieve them via the Exa API.

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