Fitzsimmons v. Fitzsimmons
Missouri Court of Appeals
Appeal from the St. Louis Oity Circuit Court. — lion. Pembrooh B. Pliicraft, Judge. (1) Circuit courts and justices of the peace, within their proper limits, have jurisdictions of actions against minors for necessaries.
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Appeal from the St. Louis Oity Circuit Court. — lion. Pembrooh B. Pliicraft, Judge. (1) Circuit courts and justices of the peace, within their proper limits, have jurisdictions of actions against minors for necessaries. And tbe proper steps were taken at tbe commencement of this suit to give tbe justice jurisdiction in tbis, tbe minor was personally served witb summons in due time, and on bis appearance at the return day, a guardian ad litem was appointed for him who in due time filed bis consent in writing to act. Hence it was error for tbe circuit court to refuse jurisdiction. R. S. 1889,…
1Opinion of the CourtBiggs, J.
The defendant, John M. Fitzsimmons, is a minor. Suit was brought against him by the plaintiff for past maintenance. His guardian was also made a party. The plaintiff claims that John M. when an infant was delivered to her by his father to care for, with the understanding that she would be paid for the trouble and expense out of the property which the child would receive from the estate of his deceased mother. After the property of John M. had been received by his guardian, this action was instituted against him and the guardian before a justice of the peace. The justice dismissed the cause…
2Cases cited4 opinions
- Guion v. Guion's AdministratorSupreme Court of Missouri · 1852
- State ex rel. Smith v. MartinMissouri Court of Appeals · 1885
- Otte v. BectonSupreme Court of Missouri · 1874
- Paul v. SmithMissouri Court of Appeals · 1890