Fitzpatrick v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Monroe Circuit Court. — Hon. Thomas H. Bacon, Judge. There was no statement filed with the justice before "the writ was issued. There was no copy of statement ¡served on appellant. If there had been statement filed with the justice the return of the constable does not show a valid service. The summons is not good.
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Appeal from the Monroe Circuit Court. — Hon. Thomas H. Bacon, Judge. There was no statement filed with the justice before "the writ was issued. There was no copy of statement ¡served on appellant. If there had been statement filed with the justice the return of the constable does not show a valid service. The summons is not good. It directs the constable to summon defendant through its agent, P. J. Gannon, when the statute says the summons shall be issued against defendant as in ordinary actions. If the service was sufficient, plaintiff’s own showing leaves the court without jurisdiction. The…
1Opinion of the CourtThompson, J.
This action was brought before a justice of the peace to recover sixty dollars, the alleged value of a cow killed by a locomotive engine and cars of the defendant. There was a judgment by default before the justice and the defendant appealed, filing the usual affidavit and giving the usual bond for appeal. In the circuit court the defendant appeared and moved the court to dismiss the case, professing to appear for the purpose of the motion and for no other purpose. The ground assigned for the motion was twofold : (1) That the justice had no jurisdiction of the case. (2) That no statement had…
2Cases cited5 opinions
- Ser v. BobstSupreme Court of Missouri · 1844
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Eubank v. Pope, Lockwood & Co.Missouri Court of Appeals · 1887
- Rice v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1888
- Kennedy v. PrueittMissouri Court of Appeals · 1887
3Cited by2 opinions
- State ex rel. Fairbanks, Morse & Co. v. AyersMissouri Court of Appeals · 1906
- Handlan-Buck Manufacturing Co. v. Chester, Perryville & Ste. Genevieve RailroadMissouri Court of Appeals · 1912