Honeycutt v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Wayne Circuit Court, — Hon. John L. Thomas, Judge. (1) The law transferring Wayne county from the twenty-third judicial circuit to the twenty-sixth judicial circuit had not gone into effect at the time of the trial of this case, and the court as organized had no jurisdiction to try the same and erred in overruling defendant’s motion to continue. The laws of 1889 went into effect on the first of November and nob the twenty-second of August.
Read the full summary
Appeal from the Wayne Circuit Court, — Hon. John L. Thomas, Judge. (1) The law transferring Wayne county from the twenty-third judicial circuit to the twenty-sixth judicial circuit had not gone into effect at the time of the trial of this case, and the court as organized had no jurisdiction to try the same and erred in overruling defendant’s motion to continue. The laws of 1889 went into effect on the first of November and nob the twenty-second of August. Sec. 3154; Declaratory Act, sec. 16; R. S. 1879, sec. 3149. (2) The court erred in admitting illegal, improper and irrelevant evidence…
1Opinion of the CourtThompson, J.
This is an action for damages by Mrs. Honeycutt (with whom her husband is joined for conformity), for *677an injury received while a passenger on a train of the defendant, in consequence of the car in which she was riding becoming derailed at a switch. The plaintiff had a verdict and judgment, and-the defendant appeals.
I.' The first error assigned is that the circuit court of Wayne county had no jurisdiction to try the case at the time and place at which the court was held, because the law (Acts of 1889, sec. 2, p. 67), by which Wayne county was transferred from the twenty-third to the…
2Cases cited3 opinions
- Bevin v. PowellMissouri Court of Appeals · 1881
- Schultz v. MoonMissouri Court of Appeals · 1889
- McGarry v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
3Cited by5 opinions
- State Ex Rel. Attorney-General v. Kansas CitySupreme Court of Missouri · 1925
- In re Ah PahNevada Supreme Court · 1911
- Scarritt Furniture Co. v. N. M. Moser & Co.Missouri Court of Appeals · 1892
- Zahm v. Royal Fraternal UnionMissouri Court of Appeals · 1910
- Hays v. United Railways Co.Missouri Court of Appeals · 1914