Feedler v. Schroeder
Supreme Court of Missouri
I. Defendant’s appearance for tlie purpose of taking a change of venue, did not cure defects in the service. Such an appearance was not a submission to tlie jurisdiction, nor was it a pleading to the merits, and the justice to whom tlie case was sent stood in the same position as the justice from whom-the case came. (Wagn. Stat., 826, § 39.) II.
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I. Defendant’s appearance for tlie purpose of taking a change of venue, did not cure defects in the service. Such an appearance was not a submission to tlie jurisdiction, nor was it a pleading to the merits, and the justice to whom tlie case was sent stood in the same position as the justice from whom-the case came. (Wagn. Stat., 826, § 39.) II. The judgment of the justice who tried tlie case, is erroneous in this, that it gives judgment for $70.00 damages, when the plaintiff 'asks only $36.00, and it does not show tlie actual value of tlie damages as found. (Wagn. Stat., 646, §22.) - III.…
1Opinion of the CourtHough, Judge
This was an action of forcible entry and detainer. Plaintiff claimed damages to the amount of $35, and alleged the monthly rents and profits to be $35. Service of process was made by a special constable appointed by the justice, by reading the writ, only, to the defendant. On the return day of the writ, the defendant made application for a change of venue, which was granted, and on the day set for trial of the cause, by the justice to whom the same had been transferred, a judgment by default was rendered against the defendant, for the recovery of the,possession of the premises and for $70…
2Cases cited2 opinions
- Moore v. DixonSupreme Court of Missouri · 1872
- Hollyman v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1874
3Cited by19 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Gravelin v. PorierMontana Supreme Court · 1926
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
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