Legal Opinion

Capital City Bank v. Knox

Supreme Court of Missouri

Decided January 15, 1871PublishedCited by 16 opinions

Error to First District Court. The Circuit Court had no jurisdiction over defendant Knox. (Jacobs v. Mellen, 14 Mass. 132 ; 41 Mo. 493 ; 2 Johns. 294 ; 3 Abb. Pr. 474 ; 3 Cow. 381; 28 Mo. 75; 38 Mo. 421.) In this case it may have been unbind in Vose to sell tbe dishonored note of Knox so far from bis domicile. But wherein is it unlawful ? No property of Knox is taken, no right divested. The court, it is presumed, would, administer tbe rights of parties correctly.

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Error to First District Court. The Circuit Court had no jurisdiction over defendant Knox. (Jacobs v. Mellen, 14 Mass. 132 ; 41 Mo. 493 ; 2 Johns. 294 ; 3 Abb. Pr. 474 ; 3 Cow. 381; 28 Mo. 75; 38 Mo. 421.) In this case it may have been unbind in Vose to sell tbe dishonored note of Knox so far from bis domicile. But wherein is it unlawful ? No property of Knox is taken, no right divested. The court, it is presumed, would, administer tbe rights of parties correctly. If not, tbe law has made ample provision by writs of error, appeal, change of venue, etc. Vose bad a right to sell, tbe bank to…

1Opinion of the Court

Wagner, Judge,

delivered tbe opinion of tbe court.

Tbe plaintiff commenced its action in tbe Cole County Circuit Court against Samuel Knox and S. A. Vose on a negotiable promissory note executed by John E. Darby, payable to Samuel Knox, and by Knox indorsed and transferred to Vose. Vose indorsed and transferred tbe note to plaintiff, and at its maturity it was protested for non-payment. Tbe plaintiff has its place of business in Jefferson City, Cole county, Missouri, and tbe defendant Vose also resides in Cole county. ■ Knox lives in St. Louis county, and tbe writ was served upon him in that…

2Cases cited2 opinions

  1. Vastine v. BastSupreme Court of Missouri · 1867
  2. January v. RiceSupreme Court of Missouri · 1863

3Cited by16 opinions

  1. State Ex Rel. Columbia National Bank v. DavisSupreme Court of Missouri · 1926
  2. Rakestraw v. NorrisMissouri Court of Appeals · 1972
  3. Byler v. JonesSupreme Court of Missouri · 1883
  4. Christian v. WilliamsSupreme Court of Missouri · 1892
  5. Graham v. RingoSupreme Court of Missouri · 1878

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