Barnes v. Plessner
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Charles J). Stewart, Judge. (1) The justice of the peace in this case had no jurisdiction, because the statement in the cause does not allege that the defendant resides in Liberty township, the place where the suit was commenced, or an adjoining township. Neither does the record show such fact. Sawyer v. Burris, 121 S. W. 321; Burris v. Leadwill, 6 Mo. App. 192; Patchen v. Durrett, 116 Mo.
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Appeal from Scotland Circuit Court. — Eon. Charles J). Stewart, Judge. (1) The justice of the peace in this case had no jurisdiction, because the statement in the cause does not allege that the defendant resides in Liberty township, the place where the suit was commenced, or an adjoining township. Neither does the record show such fact. Sawyer v. Burris, 121 S. W. 321; Burris v. Leadwill, 6 Mo. App. 192; Patchen v. Durrett, 116 Mo. App. 437; State v. Metzger, 26 Mo. 65; Hansburgher v. Railroad, 43 Mo. 196 ; Haggard v. Railroad, 63 Mo. 302; Patrick v. Abeles, 27 Mo. 184; Grant v. Stubblefield,…
1Opinion of the CourtNortoni, J.
This is a suit in replevin,which originated before a justice of the peace in Schuyler county. Plaintiff recovered in the justice court and defendant appealed to the circuit court. Upon a trial in the circuit court, plaintiff recovered the second time, and defendant prosecuted an appeal to the Kansas City Court of Appeals. That court reversed the judgment and remanded the cause, to the end of allowing the constable to amend his return and show relevant facts pertaining* to the jurisdiction of the justice. [See Barnes v. Plessner, 121 Mo. App. 677, 97 S. W. 626.] After the case was remanded to…
Also in this document: Concurrence.
2Cases cited10 opinions
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Sappington v. LenzMissouri Court of Appeals · 1893
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- Bohn v. DevlinSupreme Court of Missouri · 1859
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3Cited by4 opinions
- Rogers v. DavisMissouri Court of Appeals · 1916
- Swezea v. JenkinsMissouri Court of Appeals · 1914
- Martone v. BryanMissouri Court of Appeals · 1939
- Ellison v. SellersMissouri Court of Appeals · 1923