Reid, Murdock & Co. v. Mercurio
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) Tbe account filed with tbe justice W. B. Mclntire in tbe case of Reid, Murdock & Co. v. E. Mercurio, was not sufficient to give said justice jurisdiction, and tbe judgment rendered tbereon was and is void. Swartz v. Nicholson, 65 Mo. 508; Brasbears v. Strocb et al., 46 Mo. 221; Pattison v. Lutz, 1 Mo. App. 133 ; Nutter v. Houston, 32 Mo. App. 451; Butts v. Pbelps, 19 Mo. 302; Rosenburg v. Boyd, 14 Mo.
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) Tbe account filed with tbe justice W. B. Mclntire in tbe case of Reid, Murdock & Co. v. E. Mercurio, was not sufficient to give said justice jurisdiction, and tbe judgment rendered tbereon was and is void. Swartz v. Nicholson, 65 Mo. 508; Brasbears v. Strocb et al., 46 Mo. 221; Pattison v. Lutz, 1 Mo. App. 133 ; Nutter v. Houston, 32 Mo. App. 451; Butts v. Pbelps, 19 Mo. 302; Rosenburg v. Boyd, 14 Mo. App. 429. (2) Tbis garnishment proceeding is based upon tbe judgment obtained before W. B. Mclntire, justice of tbe peace,…
1Opinion of the Court
GOODE, J.'
— During the latter part of tbe year 1899, and until February 22, 1900, a young man by tbe name of Mercurio conducted a fruit store in tbe city of Mexico, in Audrain county. Tbe store was destroyed by fire on tbe nigbt of tbe date mentioned. Tbe business bad been conducted in tbe name of E. Mercurio or Frank Mercurio, and as to whether tbe young man in charge of said store was Frank Mercurio and proprietor, or wbetber be was Jobn Mercurio, and tbe business was owned by bis father, who lived in St. Louis, and was merely managed by him as bis father’s agent, is disputed.
Tbe Thuringia…
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