Meyer v. Phenix Insurance
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) Tbe only question in tbe case, is: Does a justice ■of tbe peace, living in a county where neither tbe plaintiff nor defendant resides, and where tbe defendant can not be found, have jurisdiction to render a judgment binding on anybody? Plaintiff relies for the authority on section 3838, General Statutes 1899, which reads as follows: “Every justice of the peace shall have jurisdiction co-extensive with…
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Appeal from Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) Tbe only question in tbe case, is: Does a justice ■of tbe peace, living in a county where neither tbe plaintiff nor defendant resides, and where tbe defendant can not be found, have jurisdiction to render a judgment binding on anybody? Plaintiff relies for the authority on section 3838, General Statutes 1899, which reads as follows: “Every justice of the peace shall have jurisdiction co-extensive with the county for which he shall be elected or appointed, and in all •eases where the defendant ... is an insurance…
1Opinion of the CourtBarclay, J.
This action was begun in August, 1900, before George W. Palmer, a justice of. the peace in Montgomery county, to recover $50 damages on an account charging defendant with the conversion of a heifer, the property of plaintiff. A summons was issued to the constable of Jefferson township, Oole county, Missouri, August 30, 1900, according to the constable’s return, which followed the requirements in that particular of section 7991, Eevised Statutes 1899.
A judgment by default was entered before the justice, September 17, 1900. TJpon a hearing it was made final for the amount of plaintiff’s demand.…
2Cases cited20 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Hope v. BlairSupreme Court of Missouri · 1891
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Winningham v. TruebloodSupreme Court of Missouri · 1899
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3Cited by4 opinions
- State ex rel. Fairbanks, Morse & Co. v. AyersMissouri Court of Appeals · 1906
- Bente v. Remington Typewriter Co.Missouri Court of Appeals · 1906
- Handlan-Buck Manufacturing Co. v. Chester, Perryville & Ste. Genevieve RailroadMissouri Court of Appeals · 1912
- Kingman-St. Louis Implement Co. v. Bantley Bros. Hardware Co.Missouri Court of Appeals · 1909