Legal Opinion

Musick v. Kansas City, Springfield & Memphis Railway Co.

Supreme Court of Missouri

Decided February 27, 1893PublishedCited by 17 opinions

Appeal from Greene Circuit Court. (1) The justice was without jurisdiction. Revised Statutes, 1889, sec. 6124. (2) The justice had no jurisdiction over the person of Nell; no summons was issued and he did not appear. Revised Statutes, 1879, sec. 2849; Freeman on Judgments, sec. 118; Bersch v. Schneider, 27 Mo. 101; Jeffries v. Wright, 51 Mo. 220; McCloonv.

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Appeal from Greene Circuit Court. (1) The justice was without jurisdiction. Revised Statutes, 1889, sec. 6124. (2) The justice had no jurisdiction over the person of Nell; no summons was issued and he did not appear. Revised Statutes, 1879, sec. 2849; Freeman on Judgments, sec. 118; Bersch v. Schneider, 27 Mo. 101; Jeffries v. Wright, 51 Mo. 220; McCloonv. Beattie, 46 Mo. 392; Cunningham v. Railroad, 61 Mo. 33. (3) No person is required to answer in a suit on whom process has not been served; the judgment in such case is void. Mills v. Divryee, 2 American Leading Cases, 815; Crepps v. Bwden,…

1Opinion of the CourtBarclay, J.

This action was brought by plaintiff, as administrator of Henry Nell, to recover damages for trespass of the defendant upon certain land in Wright county.

*311The defendant denied the trespass, asserting a right to the possession of the property mentioned.

The ease began in Wright county; but the venue was afterwards changed to Greene, where the trial took place. Plaintiff had judgment, following a ruling of the court excluding an offer of proof by defendant the nature of which will more fully appear later.

Defendant appealed in due course to the Kansas City court of appeals, which sent the case…

2Cited by17 opinions

  1. Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
  2. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  3. Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
  4. Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
  5. United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945

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