Swezea v. Jenkins
Missouri Court of Appeals
Appeal from Carter County Circuit Court. — Ron. W. N. Evans, Judge. (1) The record must show the jurisdiction of the subject-matter. Barnes v. Plessner, 121 Mo. App. 679; Grant v. Stubblefield, 138 Mo. App. 555; Severn v. Railroad, 149 Mo. App. 631. (2) Plaintiff must show that justice has jurisdiction. Tremble v. Elkin, 88 Mo. App. 229. (3) Jurisdiction is determined from the entire record in the case. Sappington v. 'Lenz, 53 Mo. App. 44; Trimble v. Elkin, 88 Mo.
Read the full summary
Appeal from Carter County Circuit Court. — Ron. W. N. Evans, Judge. (1) The record must show the jurisdiction of the subject-matter. Barnes v. Plessner, 121 Mo. App. 679; Grant v. Stubblefield, 138 Mo. App. 555; Severn v. Railroad, 149 Mo. App. 631. (2) Plaintiff must show that justice has jurisdiction. Tremble v. Elkin, 88 Mo. App. 229. (3) Jurisdiction is determined from the entire record in the case. Sappington v. 'Lenz, 53 Mo. App. 44; Trimble v. Elkin, 88 Mo. App. 229; Smith v. Rock Co., 132 Mo. App. 297. (4) Unless the fact of jurisdiction appears in the case, the lack thereof is.…
1Opinion of the CourtEarring-Ton, J.
— Plaintiff (defendant in error) commenced suit on a promissory note for $50 signed by defendants (plaintiffs in error) before a justice of the peace within and for Kelley township in Carter county. The summons was issued and placed in the hands of the constable of Kelley township for service. His return shows that he executed the writ by reading the same to and in the presence of the defendants “in Johnson township.” The transcript of the justice shows that defendants failed to appear for trial, and a judgment was entered against them for $50.51. An appeal to the circuit court of Carter…
2Cases cited20 opinions
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- Sutton v. ColeSupreme Court of Missouri · 1900
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Sappington v. LenzMissouri Court of Appeals · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- Charlesworth v. JacobMissouri Court of Appeals · 1930
- Ellison v. SellersMissouri Court of Appeals · 1923
- Peter Hauptmann Tobacco Co. v. UnverferthMissouri Court of Appeals · 1918