McKinney v. Harral
Missouri Court of Appeals
Appeal from the Iron Circuit Court, Hon. John L. Thomas, Judge. The justice of the' peace did not obtain jurisdiction of the cause, as it does not appear from the complaint, or from any other part of the record, that the land lies in Iron county, or even in the state of Missouri. The complaint is fatally defective Rev. Stat., sec. 2422; McQuoid v. Lamb, 19 Mo.
Read the full summary
Appeal from the Iron Circuit Court, Hon. John L. Thomas, Judge. The justice of the' peace did not obtain jurisdiction of the cause, as it does not appear from the complaint, or from any other part of the record, that the land lies in Iron county, or even in the state of Missouri. The complaint is fatally defective Rev. Stat., sec. 2422; McQuoid v. Lamb, 19 Mo. App. 153; Hansberger v. Railroad, 43 Mo. 196 Iba v. Railroad, 45 Mo. 470 ; Haggard v. Railroad, 63. Mo. 303; Rohland v. Railroad, 89 Mo. 180, 183; Gideon v. Hughes, 21 Mo. App. 528. The defect was not supplied by reference in the…
1Opinion of the CourtPeers, J.
This is an action under the statute (Rev. Stat., sec. *442419) of forcible entry and detainer, commenced before a justice of the peace of Iron county, and transferred to the circuit court of said county by a writ of certiorari, pursuant to the provisions of section [2459, Revised Statutes.
• On trial in the circuit court the defendant made default, and the plaintiffs had judgment for the possession of the land in controversy and thirteen dollars damages, the monthly rents being fixed at twenty-five cents, from which judgment the defendant appeals to this court.
The record before us contains no…
2Cases cited7 opinions
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Bailey v. SmockSupreme Court of Missouri · 1875
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Walker v. HarperSupreme Court of Missouri · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dawson v. CoffeyMissouri Court of Appeals · 1892
- McKinney v. HarralMissouri Court of Appeals · 1889
- Henry v. Wabash Western RailroadMissouri Court of Appeals · 1891
- Dowdy v. WombleMissouri Court of Appeals · 1890