Patchen v. Durrett
Missouri Court of Appeals
Appeal from Lewis County Circuit Court. — Hon. Edwin R. McKee, Judge. This is an action brought before a justice of the peace to establish an agister’s lien under sections 4228, 4229 R. S. 1899. The complaint, which appears in the abstract, failed to aver a necessary jurisdictional fact, to-wit, that plaintiff 'was a resident of LaBelle township, Lewis county, in which the suit was brought.
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Appeal from Lewis County Circuit Court. — Hon. Edwin R. McKee, Judge. This is an action brought before a justice of the peace to establish an agister’s lien under sections 4228, 4229 R. S. 1899. The complaint, which appears in the abstract, failed to aver a necessary jurisdictional fact, to-wit, that plaintiff 'was a resident of LaBelle township, Lewis county, in which the suit was brought. This is an action in derogation of the common law and is striotissimi juris and can receive no help from intendments, but any matter necessary to confer jurisdiction must appear on the face of the…
1Opinion of the CourtGoode, J.
This action was instituted before a justice of the peace for the purpose of enforcing the agister’s lien given by the statutes (R. S. 1899, art 2). The complaint contained no averment to show that the plaintiff Patchen resided in the township wherein the action was begun; that is to say, in LaBelle township. Judgment was rendered by default before the justice of the peace in favor of the plaintiff and the cause was appealed to the circuit court. The defendant appeared in the latter court and filed a motion to dismiss the case for the reason that the court had no jurisdiction of it, as the…
2Cases cited11 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Dowdy v. WambleSupreme Court of Missouri · 1892
- State v. MetzgerSupreme Court of Missouri · 1857
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Werz v. WerzMissouri Court of Appeals · 1881
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3Cited by7 opinions
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- State v. SextonMissouri Court of Appeals · 1910
- Harvey v. LambertMissouri Court of Appeals · 1911
- Alexander v. McFarlandMissouri Court of Appeals · 1919
- Gibson v. BallMissouri Court of Appeals · 1911
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