McDonnell v. Nicholson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.— Hon. P. R. Elitcbaet, Judge. Neither the justice nor the circuit court had jurisdiction of subject-matter because the suit was not commenced on June 13, 1895, in accordance with notice of suit, because the summons was not delivered to the constable on that date.
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Appeal from the St. Louis City Circuit Court.— Hon. P. R. Elitcbaet, Judge. Neither the justice nor the circuit court had jurisdiction of subject-matter because the suit was not commenced on June 13, 1895, in accordance with notice of suit, because the summons was not delivered to the constable on that date. R. S. 1889, sec. 6136; R. S. 1889, sec. 6161. Also because the statement of cause of action omits a jurisdictional allegation, namely, a statement of the date and name of the justice before whom the suit is to be brought. Living v. Donnelly, 20 Mo. App. 11; Sanderson Case, 37 Mo. App.…
1Opinion of the CourtBiggs, J.
The defendants, Theodore, David, and William Nicholson, had the contract for building a residence on a lot belonging to Phoebe Q-. Stevens, the wife of Charles N. Stevens, both of whom are defend*411ants in this action. The contract was signed by Charles N. Stevens. Nicholson Brothers sublet the plastering to the plaintiffs. The former abandoned the contract, leaving the plaintiff’s claim unpaid. The plaintiffs filed a lien claim against the house and lot for the value of their work, and on the thirty-first day of May, 1895, they gave a notice of the claim to Mrs. Stevens. They also served her…
2Cases cited9 opinions
- Fairbanks v. LongSupreme Court of Missouri · 1887
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Seehorn v. HallSupreme Court of Missouri · 1895
- Deatherage v. SheidleyMissouri Court of Appeals · 1892
- Carthage Marble & White Lime Co. v. BaumanMissouri Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kuenzel v. StevensSupreme Court of Missouri · 1900
- Missouri Granitoid Co. v. GeorgeMissouri Court of Appeals · 1910
- Kuenzel v. NicolsonMissouri Court of Appeals · 1898
- Mississippi Valley Trust Co. v. SomervilleMissouri Court of Appeals · 1900
- A. M. Becker Lumber Co. v. StevensMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.