Lesan Advertising Co. v. Castleman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. Statement. — This action was brought before a justice of the peace of the city of St. Louis, to recover $84.50 for five “wash drawings” made to order for the defendant. Upon appeal to the circuit court the defendant moved to quash the summons and dismiss the suit on the ground that the justice had acquired no jurisdiction of the person. This motion was overruled and the defendant duly' excepted.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. Statement. — This action was brought before a justice of the peace of the city of St. Louis, to recover $84.50 for five “wash drawings” made to order for the defendant. Upon appeal to the circuit court the defendant moved to quash the summons and dismiss the suit on the ground that the justice had acquired no jurisdiction of the person. This motion was overruled and the defendant duly' excepted. Thereupon the defendant filed an answer pleading the Statute of Frauds. A trial was had at which the plaintiff and defendant…
1Dissent
*584DISSENTING OPINION. .
REYNOLDS, P. J.
As I said when considering the opinion prepared by my esteemed Brother Caulfield, which, being concurred in by Judge Nortoni, becomes the judgment of this court, while I concur in the conclusion which is there announced, that by appearance and answer and going to trial, defendant had waived his objection to the jurisdiction over his person, I repeat now, as I had previously held before the argument under the motion for a rehearing which we granted, that I am.unable to agree to that part of the opinion which holds that defendant’s motion in arrest and for…
2Cases cited27 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Briggs v. EgganSupreme Court of Kansas · 1877
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