Taylor v. Todd
Missouri Court of Appeals
Appeal from the Knox Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) Appearance cannot confer any jurisdiction when the court has no jurisdiction over the subject-matter of the suit, but, on the other hand, appearance does confer jurisdiction of the person where the court by law has jurisdiction of the subject-matter of the suit.
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Appeal from the Knox Circuit Court. — Hon. Ben. E. Turnee, Judge. (1) Appearance cannot confer any jurisdiction when the court has no jurisdiction over the subject-matter of the suit, but, on the other hand, appearance does confer jurisdiction of the person where the court by law has jurisdiction of the subject-matter of the suit. Abernathy v: Moore, 88 Mo. 65, 72; Fields v. Maloney, 78 Mo. 172, 183; Rosenheim v. Hartsock, 90 Mo. 357, 365; Stearns v. Railroad, 94 Mo. 317, 322; Bell v. Holán, 99 Mo. 569, 577; Posthlewaite v. Ghiselin, 97 Mo. 423, 424. (2) The record entry of the county court…
1Opinion of the CourtThompson, J.
The plaintiff is a land-owner in the town of Greensburgh, in Knox county. The defendant Todd is the road overseer of road district number 54, in Knox county, and the other three defendants are judges of the county court of Knox county. This is a suit in equity to restrain the defendants from opening a public road through the land of the plaintiff, which road has been established by a proceeding in the county court of Knox county. The judge of the circuit court of Knox county granted a temporary restraining order, and, on final hearing, the circuit court of that county granted a perpetual…
2Cases cited16 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
- Turner v. StewartSupreme Court of Missouri · 1883
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3Cited by2 opinions
- City of Los Angeles v. GlassellCalifornia Supreme Court · 1928
- Allen v. WelchMissouri Court of Appeals · 1907