Matthews v. Eby
Missouri Court of Appeals
Appeal from Scott Circuit Court. — lion. Henry C. Riley, Judge. (1) The court should have sustained defendant’s motion to dismiss for want of jurisdiction, in that plaintiff wrongfully attached the mules in the justice’s court.
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Appeal from Scott Circuit Court. — lion. Henry C. Riley, Judge. (1) The court should have sustained defendant’s motion to dismiss for want of jurisdiction, in that plaintiff wrongfully attached the mules in the justice’s court. Rosencranz v. Dry Goods Co., 175 Mo. 518. (2) The court erred in overruling defendant’s motion to dismiss for want of jurisdiction, in that plaintiff split his demand and brought two suits in the justice’s court, attaching the property, and states that he did so to hold it in Scott county. Capital City Bank v. Knox, 47 Mo. 333; Byle v. Jones, 79 Mo. 261; Rosencranz v.…
1Opinion of the CourtCaulfield, J.
The appeal in this case was prosecuted to this court, but was thereafter transferred by it to the Springfield Court of Appeals under the provisions of the act of the Legislature, approved June 12, 1909. [See Laws of Missouri, 1909, p. 396; see, also, sec. 3939, R. S. 1909.] In due time the cause was' disposed of by the Springfield Court of Appeals, through an opinion prepared by Judge Nixon of that court, as will appear by reference to Matthews v. Eby, 149 Mo. App. 157, 129 S. W. 1016. Subsequently, the Supreme Court declared the said legislative act, which, purported to authorize the…
2Cases cited15 opinions
- Holker v. HennesseySupreme Court of Missouri · 1897
- Byler v. JonesSupreme Court of Missouri · 1883
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
- Pomroy & Co. v. ParmleeSupreme Court of Iowa · 1859
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
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3Cited by4 opinions
- Oklahoma Industrial Finance Corp. v. WallaceSupreme Court of Oklahoma · 1937
- Atoka Milling Co. v. GroomerSupreme Court of Oklahoma · 1928
- Leonard v. MartinMissouri Court of Appeals · 1916
- Emert v. GroomerSupreme Court of Oklahoma · 1928