Kingman-St. Louis Implement Co. v. Bantley Bros. Hardware Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. E. Shields, Judge. The single question in this case is whether under section 997, Revised Statutes 1899, the court had jurisdiction of the cause of action.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. E. Shields, Judge. The single question in this case is whether under section 997, Revised Statutes 1899, the court had jurisdiction of the cause of action. It is contended that under this section “Suits against corporations shall he commenced either in the county where the cause of action accrued, or in any county where such corporation shall have or usually keep an office or agent for the transaction of their usual and customary business”; that the cause of action accrued in Laclede county, Missouri, and that the jurisdiction was there,…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — Ordinarily we would be bound by the finding of the court on the facts and that would compel an affirmance. It is not submitted to us on that theory, however, by either party, the contention being that the trial court erred in law, on the question of jurisdiction over the cause of action. It is contended by plaintiff that by appearing and participating in the trial and by filing an answer which joined with the plea in abatement one in bar, that the defendant lost the benefit of the former. It will be observed that it is distinctly averred in the petition that the…
2Cases cited11 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
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3Cited by3 opinions
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
- Joe Dan Market v. WentzSupreme Court of Missouri · 1929