Norton v. Flake
Court of Appeals of Kansas
Appeal from, the St. Olair Circuit Court. — Hon. D. P Stratton, Judge. (1) The respondent relies solely and alone on the decision in Chamberlain v. Heard, 22 Mo. App. 416. That case was specifically called to the attention of the St. Louis court of appeals in Hazeltine v. Ausherman, 29 Mo. App. 451 and not regarded as a jurisdictional objection.
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Appeal from, the St. Olair Circuit Court. — Hon. D. P Stratton, Judge. (1) The respondent relies solely and alone on the decision in Chamberlain v. Heard, 22 Mo. App. 416. That case was specifically called to the attention of the St. Louis court of appeals in Hazeltine v. Ausherman, 29 Mo. App. 451 and not regarded as a jurisdictional objection. See also the same case in the supreme court, 87 Mo. 413, where the very same question was presented, and notwithstanding the objection, the court reversed the case and sent back for new trial. Garroutte v. White, 92 Mo. 237. (2) Plaintiff was entitled…
1Opinion of the CourtSmith, P. J.
— This was an action by attachment brought in the circuit court of St. (Jlair county by the plaintiff against Marion Flake, who has died since the commencement of the action, the defendant as his administrator has been substituted as a party defendant in his stead, to recover rent. There was a plea in abatement filed to the affidavit for the attachment.
*701At the trial the defendant,objected to the introduction of any evidence by the plaintiff for the reason that, the affidavit upon which the attachment had been issued conferred no jurisdiction on the court to hear and determine the cause, which…
2Cases cited6 opinions
- Burnett v. McClueySupreme Court of Missouri · 1887
- Booth v. ReesIllinois Supreme Court · 1861
- Middleton v. FrameSupreme Court of Missouri · 1855
- Chamberlain v. HeardMissouri Court of Appeals · 1886
- State ex rel. Crain v. LynnSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Maurer v. PhillipsMissouri Court of Appeals · 1914
- State ex rel. Third National Bank v. SmithSupreme Court of Missouri · 1891
- Third National Bank v. GartonMissouri Court of Appeals · 1890