Fabien v. Grabow
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Virgil Buie and Eon. Bobt. M. Foster, Judges. The proceedings fail to affirmatively show that the notice of intention to sue, was filed in the circuit clerk’s office, before suit was begun before the justice, and the filing of such notice before suit is commenced is jurisdictional. Ewing v. Donnelly, 20 Mo. App. 6; Schroeder v. Mueller, 33 Mb. App. 28; Wise v. Loring, 54 Mo.
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Appeal from St. Louis City Circuit Court.— Hon. Virgil Buie and Eon. Bobt. M. Foster, Judges. The proceedings fail to affirmatively show that the notice of intention to sue, was filed in the circuit clerk’s office, before suit was begun before the justice, and the filing of such notice before suit is commenced is jurisdictional. Ewing v. Donnelly, 20 Mo. App. 6; Schroeder v. Mueller, 33 Mb. App. 28; Wise v. Loring, 54 Mo. App. 264; R. S. 1899, sec. 3893; Cunningham v. Railroad, 61 Mo. 36. The jurisdiction of a justice of the peace in suits to enforce a mechanic’s lien is special, and every…
1Opinion of the CourtGoode, J.
The question to be decided is whether or not it was shown the justice before whom this case was begun had jurisdiction to issue process; and the alleged defect in the showing of jurisdiction is failure to prove a notice of an intention to begin a suit to enforce the mechanic’s lien, which is the subject-matter of the action, was filed in the office of the clerk of the circuit court prior to commencing the case before the justice, as is required by the statutes. [R. S. 1899, sec. 3383.] It is held the jurisdiction of the justice must appear on the face.of the proceeding; and to make it *196appear…
2Cases cited9 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- Kimm v. Osgood's AdministratorSupreme Court of Missouri · 1853
- Heman v. LarkinMissouri Court of Appeals · 1903
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3Cited by5 opinions
- State ex rel. Smith v. BoneSupreme Court of Kansas · 1928
- State v. HobbsMissouri Court of Appeals · 1925
- Missouri Granitoid Co. v. GeorgeMissouri Court of Appeals · 1910
- State ex rel. Polster v. MilesMissouri Court of Appeals · 1910
- White v. BriggsSupreme Court of Iowa · 1924