Payne v. Lott
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. (1) Tlie defendant in tlie back tax case was, when suit was brought, a resident of the state, and, if it be held that suit was rightly brought against him, the court did not acquire jurisdiction by the order of publication.
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Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. (1) Tlie defendant in tlie back tax case was, when suit was brought, a resident of the state, and, if it be held that suit was rightly brought against him, the court did not acquire jurisdiction by the order of publication. Laws 1877, p. 384, sec. 6; 2 W. S. p. 1009, secs. 13, 14, 17. In order to render a valid judgment, the court in such cases must have jurisdiction both of the subject matter of the suit and of the defendant therein. Jurisdiction can never be acquired, except in case of consent, unless by a method which the law…
1Opinion of the Court
Norton, C. J. —
It appears from the record in this Case that, in 1858, one John Rucker entered the west half of the southeast quarter, section 29, township 67, range 19, in Putnam county, as shown by the plat book of said county, duly certified to by the register of the land office at Boonville; that in January, 1878, the state, at the relation of the collector of said county, instituted suit against said Rucker in the circuit court of said county, to enforce the lien of the state on said land for delinquent taxes assessed against it, running back to 1867, and up to and including 1876 ; that…
2Cases cited8 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Vance v. CorriganSupreme Court of Missouri · 1883
- Callen v. EllisonOhio Supreme Court · 1862
- Ogden v. WaltersSupreme Court of Kansas · 1873
- State ex rel. Hunt v. SackSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Simms v. ThompsonSupreme Court of Missouri · 1922
- Allen v. RaySupreme Court of Missouri · 1888
- Keaton v. JorndtSupreme Court of Missouri · 1914
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Smith v. BarrettMissouri Court of Appeals · 1890
28 more not listed; retrieve them via the Exa API.