Legal Opinion

Barber v. Nunn

Supreme Court of Missouri

Decided July 30, 1918PublishedCited by 7 opinions

Appeal from Lewis Circuit Court. — Hon. Charles D, Stewart, Judge, (1) The court had no jurisdiction of the subject of the action, since the cause of action alleged in the petition was for the purpose of setting aside a deed to land situated in that part of Lewis County east of the range line between ranges six and seven, thereby giving the circuit court at Canton exclusive jurisdiction of the action.

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Appeal from Lewis Circuit Court. — Hon. Charles D, Stewart, Judge, (1) The court had no jurisdiction of the subject of the action, since the cause of action alleged in the petition was for the purpose of setting aside a deed to land situated in that part of Lewis County east of the range line between ranges six and seven, thereby giving the circuit court at Canton exclusive jurisdiction of the action. Laws 1897, p. 60. The use of the word “exclusive” in a statute defining the jurisdiction of a court has the effect of taking away the jurisdiction of every other, court. Tackett v. Vogler, 85…

1Opinion of the CourtWalker, P. J.

This is an action brought in the circuit court of Lewi's County to set aside a deed. Upon a trial before the court without a jury, there was a judgment for plaintiff, from which defendants have appealed. - '

This case had its origin in an effort on the part of the plaintiff to secure satisfaction of a judgment theretofore obtained by him against one of the defendants, Joseph Nunn, the facts concerning which are briefly as follows:

On July 27, 1912, plaintiff brought suit against Joseph Nunn, charging him with having alienated the affections of the plaintiff’s wife. A few days thereafter, while…

2Cases cited18 opinions

  1. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  2. Ridgeway v. HollidaySupreme Court of Missouri · 1875
  3. Stoffel v. SchroederSupreme Court of Missouri · 1876
  4. Baldwin v. WhitcombSupreme Court of Missouri · 1880
  5. State v. KoskySupreme Court of Missouri · 1905

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3Cited by7 opinions

  1. Connolly v. Nicollet HotelSupreme Court of Minnesota · 1960
  2. Beery v. BreedAppellate Court of Illinois · 1941
  3. Farmers Bank v. HandlySupreme Court of Missouri · 1928
  4. Peoples Bank Ex Rel. Moberly v. JonesSupreme Court of Missouri · 1936
  5. O'Day v. Van LeeuwenSupreme Court of Missouri · 1945

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