Wiltshire v. Triplett
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The affidavit to the complaint is fatally defective and confers no jurisdiction. This is to the very letter the form of affidavit which this court has declared to be no affidavit at all. Reilly v. Poivell, 34 Mo. App. 431; Tegler v. Mitchell, 46 Mo. App. 350. The affidavit is jurisdictional.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The affidavit to the complaint is fatally defective and confers no jurisdiction. This is to the very letter the form of affidavit which this court has declared to be no affidavit at all. Reilly v. Poivell, 34 Mo. App. 431; Tegler v. Mitchell, 46 Mo. App. 350. The affidavit is jurisdictional. Edmonson v. Phillips, 73 Mo. 57; Pry v. R’y, 73 Mo. 123; Fletcher v. Keyte, 66 Mo. 285. The true test of the sufficiency of a paper as an affidavit is the possibility of assigning perjury upon it if false. 1 Am. and Eng. Ency. PL and…
1Opinion of the CourtQ-xll, J.
This is an action of forcible entry and detainer for the recovery of certain premises in Kansas City. The cause was brought before a justice of the peace, where on trial plaintiffs recovered. Defendants *336thereupon appealed to the circuit court, but when the case was there called they failed to appear, in person or by attorney, the judgment of the justice was affirmed, and this the court refused to set aside on defendants’ motion and they appealed.
Fa£ddetaine“y clavit?amen 1-mentijunsd10I. The main question on this appeal is, whether or not the entire proceeding is without jurisdiction and void…
2Cases cited6 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Fox v. YoungMissouri Court of Appeals · 1886
- Tegler v. MitchellMissouri Court of Appeals · 1891
- Dean v. TraxMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Purcell v. MerrickMissouri Court of Appeals · 1913
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
- Associates Discount Corp. v. IsgriggsMissouri Court of Appeals · 1968
- Naylor v. ChinnMissouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.