Smith v. Simpson
Supreme Court of Missouri
Appeal from Madison Circuit Court. — HoN. James L. Fox, Judge. The justice had jurisdiction of the subject matter of the suit. R. S. 1879, § 2835. And the action of the defendant in subpoenaing witnesses and in filing a motion to rule the plaintiff to give security for costs, constituted such an appearance in the cause, as to give jurisdiction of his person.
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Appeal from Madison Circuit Court. — HoN. James L. Fox, Judge. The justice had jurisdiction of the subject matter of the suit. R. S. 1879, § 2835. And the action of the defendant in subpoenaing witnesses and in filing a motion to rule the plaintiff to give security for costs, constituted such an appearance in the cause, as to give jurisdiction of his person. R. S. 1879, §§ 3052, 2849,2837, 348; Baga v. Bail-road Co., 61 Mo. 79 ; Bohn v. Devlin, 28 Mo. 319 ; Orear v. Clough, 52 Mo. 56 ; Dellinger v. Higgins, 26 Mo. 182 ; Hem-bree v. Campbell, 8 Mo. 572; Chouteau v. Allen, 70 Mo. 353; Deters v.…
1Opinion of the Court
Ewing, C.
This is a suit commenced before a justice of tbe peace in St. Michael township, Madison county, by summons, which was returned by the constable as served in St. Michael township, Madison county.
It appears that, at the time, plaintiffs were residents of Bollinger county, and the defendant a resident of St. Francis county. The suit was to recover $25 for the alleged conversion of a “steer” by the defendant. Prior to the return day of the summons the defendant procured subpoenas for his witnesses to be issued by the justice; had himself appointed special constable for the service…
2Cases cited5 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- State v. MetzgerSupreme Court of Missouri · 1857
- Hembree v. CampbellSupreme Court of Missouri · 1844
- Peery v. HarperSupreme Court of Missouri · 1868
3Cited by7 opinions
- Rogers v. DavisMissouri Court of Appeals · 1916
- Yoakum v. DavisMissouri Court of Appeals · 1912
- Dennis v. BaileyMissouri Court of Appeals · 1904
- Smith v. Lyle Rock Co.Missouri Court of Appeals · 1908
- Meyer v. Phenix InsuranceMissouri Court of Appeals · 1902
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