Bick v. Lanham
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) The judgment of a sister State is prima facie evidence of the jurisdiction of the person of defendant where the writ was returned “executed” although such return may be informal. Wilson v. Jackson, 10 Mo. 329. (2) And where facts touching the acquisition of jurisdiction fully appear, judgments of justices of the peace are regarded no less favorably than those of courts having more extensive powers.
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Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) The judgment of a sister State is prima facie evidence of the jurisdiction of the person of defendant where the writ was returned “executed” although such return may be informal. Wilson v. Jackson, 10 Mo. 329. (2) And where facts touching the acquisition of jurisdiction fully appear, judgments of justices of the peace are regarded no less favorably than those of courts having more extensive powers. Leonard v. Sparks, 107 Mo. 103. There is no presumption in favor of the jurisdiction of a justice of the peace. Wilson, J., in Gay…
1Opinion of the CourtGoode, J.
This action was instituted in the Circuit Court of Monroe County, on a judgment rendered by a justice of the peace of Hancock, Illinois. A transcript of the proceedings before the justice had been filed in the office of the circuit clerk of said Hancock county, and the mode of proving the judgment attempted in the present action was by an offer of an exemplified copy, attested according to the. Act of Congress, of the transcript on file with said circuit clerk. The exemplification was admitted over the objection of the defendant, but at the conclusion of plaintiff’s evidence the court gave a…
2Cases cited1 opinion
- Hofheimer v. LosenMissouri Court of Appeals · 1887
3Cited by2 opinions
- Hinman v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1910
- Central State Bank v. MoodyMissouri Court of Appeals · 1931