Lesan Advertising Co. v. Castleman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. Statement. — This action was brought before a justice of the peace of the city of St. Louis, to recover $84.50 for five “wash drawings” made to order for the defendant. Upon appeal to the circuit court the defendant moved to quash the summons and dismiss the suit on the ground that the justice had acquired no jurisdiction of the person. This motion was overruled and the defendant duly' excepted.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. Statement. — This action was brought before a justice of the peace of the city of St. Louis, to recover $84.50 for five “wash drawings” made to order for the defendant. Upon appeal to the circuit court the defendant moved to quash the summons and dismiss the suit on the ground that the justice had acquired no jurisdiction of the person. This motion was overruled and the defendant duly' excepted. Thereupon the defendant filed an answer pleading the Statute of Frauds. A trial was had at which the plaintiff and defendant…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The defendant urges his motion in arrest, etc. should have been sustained on two grounds: First, that the record discloses a lack of jurisdiction of the person; second, that the findings of fact did not warrant a recovery, disclosing’, as they did, a transaction within the Statute of Frauds without compliance therewith. We will pass upon these contentions in their order.
I. The defendant waived his objection to the lack of jurisdiction of the person by appearing and answering and going to trial on the merits of the cause .after his motion to quash'the summons and…
2Cases cited26 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barton Lumber Co. v. GibsonMissouri Court of Appeals · 1913
- Cantley v. American Surety Co.Missouri Court of Appeals · 1931
- Joblin v. Illinois Surety Co.Missouri Court of Appeals · 1916
- Meridian Lumber Co. v. Lowry Lumber Co.Missouri Court of Appeals · 1921
- Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.Missouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.