United States Mutual Accident Insurance v. Reisinger
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henby, Judge. (1) The judgment upon which the execution is-founded is void. Justices’ courts, being courts of limited and special jurisdiction, have only such powers-as are expressly conferred on them by statute; and cannot exercise any jurisdiction not conferred by statute. Dillard v. Railroad, 58 Mo. 69 ; Bnlow v. Newland, 22 Mo.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henby, Judge. (1) The judgment upon which the execution is-founded is void. Justices’ courts, being courts of limited and special jurisdiction, have only such powers-as are expressly conferred on them by statute; and cannot exercise any jurisdiction not conferred by statute. Dillard v. Railroad, 58 Mo. 69 ; Bnlow v. Newland, 22 Mo. App. 581; Williams v. Bower, 26 Mo. 601; Rohland v. Railroad, 89 Mo. 180. There is no presumption in favor of the jurisdiction of justices’ of the peace. Such, jurisdiction must appear on the face of their…
1Opinion of the CourtGill, J.
The plaintiff is a foreign insurance company, and at the dates hereinafter mentioned was doing business in this state. On January 11, 1889, defendant Reisinger brought suit against the plaintiff insurance company, before a justice of the peace at Kansas City. A summons was issued by the justice and sent to St. Louis, and there served on the superintendent of the insurance department of the state of Missouri. Defendant in that suit (plaintiff in this) failing to appear before the Jackson county justice, judgment by default was entered, execution was issued, and plaintiff brought this suit…
2Cases cited2 opinions
- Stone v. Travelers InsuranceSupreme Court of Missouri · 1883
- Bornschein v. FinckMissouri Court of Appeals · 1882
3Cited by7 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Brown v. StateCourt of Criminal Appeals of Texas · 1909
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- Meyer v. Phenix InsuranceMissouri Court of Appeals · 1902
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