Carpenter v. Roth
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The jurisdiction of the justice of the subject-matter was special, and the law requires that the record made by that court in entering up a judgment in rem to disclose that jurisdiction; and will not permit property to be sacrificed to any such failure.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The jurisdiction of the justice of the subject-matter was special, and the law requires that the record made by that court in entering up a judgment in rem to disclose that jurisdiction; and will not permit property to be sacrificed to any such failure. (2) The failure of such justice’s record to disclose jurisdiction of the subject-matter can not be supplied by parol or by spoliation, or by false representation of the transcript in proceedings subsequent to the justice’s transcript. (3) Where unincumbered property worth…
1Opinion of the CourtLamm, J.
Carpenter owned lots 19 and 20 in block 2 in Jackson’s addition to the city of St. Joseph. During his ownership, on August 14, 1899, the city provided by special ordinance for the laying of a four-foot brick sidewalk on the west side of Thirteenth street in front of said lots. The contract was let to Helsley Brothers who performed. On November 27, 1899, two special taxbills were issued by the city engineer of said city, whereby it was certified that the work of constructing said sidewalks was completed in accordance with ordinances, naming them; that the cost had been computed at $11.43 for…
2Cases cited4 opinions
- Sheridan v. NationSupreme Court of Missouri · 1900
- Palmer v. HunterSupreme Court of Missouri · 1844
- Brown v. PearsonSupreme Court of Missouri · 1843
- Harris v. HuntSupreme Court of Missouri · 1888
3Cited by8 opinions
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- Plummer v. KnightMissouri Court of Appeals · 1911
- Fabien v. GrabowMissouri Court of Appeals · 1908
- State v. HobbsMissouri Court of Appeals · 1925
- Trapp v. MersmanMissouri Court of Appeals · 1914
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