Barnes v. Plessner
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Charles J). Stewart, Judge. (1) The justice of the peace in this case had no jurisdiction, because the statement in the cause does not allege that the defendant resides in Liberty township, the place where the suit was commenced, or an adjoining township. Neither does the record show such fact. Sawyer v. Burris, 121 S. W. 321; Burris v. Leadwill, 6 Mo. App. 192; Patchen v. Durrett, 116 Mo.
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Appeal from Scotland Circuit Court. — Eon. Charles J). Stewart, Judge. (1) The justice of the peace in this case had no jurisdiction, because the statement in the cause does not allege that the defendant resides in Liberty township, the place where the suit was commenced, or an adjoining township. Neither does the record show such fact. Sawyer v. Burris, 121 S. W. 321; Burris v. Leadwill, 6 Mo. App. 192; Patchen v. Durrett, 116 Mo. App. 437; State v. Metzger, 26 Mo. 65; Hansburgher v. Railroad, 43 Mo. 196 ; Haggard v. Railroad, 63 Mo. 302; Patrick v. Abeles, 27 Mo. 184; Grant v. Stubblefield,…
1Dissent
DISSENTING OPINION.
REYNO'LD'S, P. J.
I am unable to agree to the
above opinion.
First. Under section 7399', Revised Statutes 19091, which was section 3839', Revised Statutes 1899, the justices of the peace acquire no jurisdiction over the cause unless it has been brought either in the township wherein the defendant resides, or in any adjoining township. There are other provisions in that section but it is not necessary to notice them, as the only part of the section here involved is the above clause. This clause is jurisdictional not only of the person, but of the cause of action. Actions by…
2Cases cited3 opinions
- Dennis v. BaileyMissouri Court of Appeals · 1904
- Tutt v. CouzinsSupreme Court of Missouri · 1872
- Blankenship v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909