Smith v. Lyle Rock Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Herman Brumback, Judge. (1) Tbe justice did not have jurisdiction of this case and, for that reason, the circuit court was also without jurisdiction. R. S. 1899, sec. 3839; Smith v. Simpson, 80 Mo. 634; Gideon v. Hughes, 21 Mo. App. 529; Cunningham v. Railroad, 61 Mo. 36; Allen y. Scharringhausen, 8 Mo. App. 229; Olin v. Z edgier, 46 Mo. App. 193; Marden y. Railroad, 78 Mo. App. 664; Trimble & Fyfer v. Elkin, 88 Mo.
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Appeal from Jackson Circuit Court. — No». Herman Brumback, Judge. (1) Tbe justice did not have jurisdiction of this case and, for that reason, the circuit court was also without jurisdiction. R. S. 1899, sec. 3839; Smith v. Simpson, 80 Mo. 634; Gideon v. Hughes, 21 Mo. App. 529; Cunningham v. Railroad, 61 Mo. 36; Allen y. Scharringhausen, 8 Mo. App. 229; Olin v. Z edgier, 46 Mo. App. 193; Marden y. Railroad, 78 Mo. App. 664; Trimble & Fyfer v. Elkin, 88 Mo. App. 229; State ex rel. y. Cunningham, 106 Mo. App. 59; Corrigan y. Morris, 43 Mo. App. 456'; Bank v. Doak, 75 Mo. App. 332; Dennis y.…
1Opinion of the Court
ELLISON,, J.
This is an action on an account and it was begun before a justice of the peace. The judgment before the justice was for the plaintiff. Defendant appealed to the circuit court where the plaintiff again had judgment.
Defendant insists that there is nothing on the face of the record presented to show that the justice had jurisdiction. The particular point is that the residence of neither plaintiff nor defendant appears anywhere on the face of the proceedings. The statute (section 3839, Revised Statutes 1899) reads that: “Every action recognizable before a justice of the peace shall be…
2Cases cited10 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- State v. MetzgerSupreme Court of Missouri · 1857
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Johnson v. FischerMissouri Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rogers v. DavisMissouri Court of Appeals · 1916
- Barnes v. PlessnerMissouri Court of Appeals · 1912
- Swezea v. JenkinsMissouri Court of Appeals · 1914
- Universal Credit Co. v. AxtellMissouri Court of Appeals · 1938
- Cardwell v. ConnerMissouri Court of Appeals · 1910