Johnson-Frazier Lumber Co. v. Schuler & Muench
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M.. ■ Woodson, Judge. (1) The transcript of the justice’s docket shows that the notice to Schuler & Muench by publication was fatally defective, and that the judgment against appellant is absolutely void. R. S. 1889, sec. 6163; McKelvey v. Wonderly, 26 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. A. M.. ■ Woodson, Judge. (1) The transcript of the justice’s docket shows that the notice to Schuler & Muench by publication was fatally defective, and that the judgment against appellant is absolutely void. R. S. 1889, sec. 6163; McKelvey v. Wonderly, 26 Mo. App. 631; Railroad v. Campbell, 62 Mo. 588; Bobb v. Woodward, 42 Mo. 482. (2) It is well settled that the jurisdiction of inferior courts must affirmatively appear upon the face of their proceedings, or their acts are void, and no presumption will be indulged in support of such jurisdiction.…
1Opinion of the CourtSmith, P. J.
Plaintiff corporation, a lumber company, sold and delivered a bill of lumber amounting to $70.95, to the defendants, Schuler & Muench, contractors, with the other defendants, the Hellers, for the erection of a certain building for the latter. The plaintiff, in accordance with the statute, filed its mechanics’ lien against the lot and the building, in the erection of which said lumber was used by Schuler & Muench, under the contract with the owners, the Hellers. Afterwards the plaintiff brought its suit for the enforcement of said hen before a justice of the peace. The defendants, the Hellers,…
2Cases cited12 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Horstkotte v. MenierSupreme Court of Missouri · 1872
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Wibbing v. PowersSupreme Court of Missouri · 1857
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3Cited by4 opinions
- American Radiator Co. v. Conner Plumbing & Heating Co.Supreme Court of Missouri · 1919
- Becker v. HopperWyoming Supreme Court · 1914
- Hughes Bros. Paint & Hardware Co. v. PrewittMissouri Court of Appeals · 1913
- Rumsey & Sikemier Co. v. PiefferMissouri Court of Appeals · 1904