O'Reilly v. Henson
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — -Hem. Gallatin Craig, Judge. Piled lengthy argument. (1) When defendants ’ motion for change of venue was overruled, the defendants “by agreement” submitted the case to the justice, took part in the trial and as the “complaint” is admitted sufficient, the justice had jurisdiction of the subject-matter, and of the person by voluntary appearance.
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Appeal from Nodaway Circuit Court. — -Hem. Gallatin Craig, Judge. Piled lengthy argument. (1) When defendants ’ motion for change of venue was overruled, the defendants “by agreement” submitted the case to the justice, took part in the trial and as the “complaint” is admitted sufficient, the justice had jurisdiction of the subject-matter, and of the person by voluntary appearance. They could not submit to the jurisdiction — if results were favorable, hold — if unfavorable, cry want of jurisdiction. Benswick v. Cook, 110 Mo. 182; Baker v. Railroad, 107 Mo. 239; Orear v. Clough, 52 Mo. 57;…
1Opinion of the CourtEllison, J.
— Plaintiff begun an action of unlawful detainer before a justice of the peace. On the day set for trial the parties appeared and defendants filed an application for change of venue on account of the prejudice of the justice. This application was overruled. Defendants thereupon asked a continuance grounded on the statement that they had expected the venue to be changed. The continuance was refused and the trial was proceeded with, the defendants taking part therein. No further reference to the application for change of venue was made by either of the parties. Judgment was rendered for…
2Cases cited6 opinions
- Northwestern Fuel Co. v. BrockSupreme Court of the United States · 1891
- Colvin v. SixSupreme Court of Missouri · 1883
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
- State ex rel. Wedeking v. McCrackenMissouri Court of Appeals · 1895
- Jones v. PharisMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- State ex rel. Gallagher v. Third Judicial District Court for Salt Lake CountyUtah Supreme Court · 1908