Burkharth v. Stephens
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Eon. Samuel Davis, Judge. - (1) Tbe respondent county court had no jurisdiction to hear and consider said petition, hence its judgment was and is absolutely void, and, if void, is no judgment at all. R. S. 1899, sec. 2997. (2) The action of the respondents was without jurisdiction of the subject-matter and such being the case, they are not protected, but are liable to a civil action, even for damages. 12 Amer. and Eng.
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Appeal from Lafayette Circuit Court. — Eon. Samuel Davis, Judge. - (1) Tbe respondent county court had no jurisdiction to hear and consider said petition, hence its judgment was and is absolutely void, and, if void, is no judgment at all. R. S. 1899, sec. 2997. (2) The action of the respondents was without jurisdiction of the subject-matter and such being the case, they are not protected, but are liable to a civil action, even for damages. 12 Amer. and Eng. Ency. of Law (1 Ed.), pages 32 to 38 and notes. (3) It is alleged that there was a conspiracy between the respondents to do an an illegal…
1Opinion of the CourtEllison, J.
This proceeding is a bill in equity, whereby the plaintifi: seeks to set aside and annul a cer*429tain judgment or order of the county court of Johnson county granting a dramshop license to defendant Garrison. The other defendants are the members of the county court of that county granting the license. The cause was taken by change of venue to the Lafayette Circuit Court, where, at the beginning of the trial, the defendants objected to any evidence being received on the ground that the petition did not state any ground for relief, or, in other words, did not state a cause of action. That…
2Cases cited18 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Lange v. . BenedictNew York Court of Appeals · 1878
- Bensieck v. CookSupreme Court of Missouri · 1892
- McClanahan v. WestSupreme Court of Missouri · 1889
- Pike v. MegounSupreme Court of Missouri · 1869
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3Cited by6 opinions
- State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
- State ex rel. Morehead v. CartwrightMissouri Court of Appeals · 1907
- Kochtitzky v. HerbstMissouri Court of Appeals · 1911
- State ex rel. Schade v. RussellMissouri Court of Appeals · 1908
- State ex rel. Verble v. HauptMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.