Wright v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. G-eorge W. Dunn, Judge. The case is stated in the opinion. I. When suit is brought for double damages, it must be before the justice of the peace within the township where the injury occurred, or before some justice of an adjoining township.
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Appeal from Clinton Circuit Court, Hon. G-eorge W. Dunn, Judge. The case is stated in the opinion. I. When suit is brought for double damages, it must be before the justice of the peace within the township where the injury occurred, or before some justice of an adjoining township. Rev. Stat. 1879, sect. 2839. This is a jurisdictional fact,' which must affirmatively appear of record, that the injury did occur in the township in which the justice before whom it is brought holds office. Hansberger v. Railroad, 43 Mo. 196. Or, the evidence must show that the animal was killed in a township…
1Opinion of the CourtEllison, J.
This action is for killing stock, and is brought under Revised Statutes, section 809. The action was instituted before a justice of the peace of Lathrop township, while the killing occurred in Jackson township. This may be done if the townships are *238adjoining, but there must be proof of such fact on the trial. There is no such evidence preserved in the bill of exceptions, and for this reason we are compelled to reverse the judgment. Palmer v. Railroad, 21 Mo. App. 437; Mitchell v. Railroad, 82 Mo. 106.
With the concurrence of Philips, P. J., the judgment is reversed and the cause is remanded.
Hal…
2Cases cited2 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Palmer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
3Cited by4 opinions
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Kinion v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1888
- Wiseman v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1888
- Geltz v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1890