Peter Hauptmann Tobacco Co. v. Unverferth
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The justice never acquired any jurisdiction over defendant or his property because there was no valid process, (a) No provision is made whereby one justice can issue a writ returnable before another justice, and sucha writ is void.
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Certified from St. Louis Court of Appeals. (1) The justice never acquired any jurisdiction over defendant or his property because there was no valid process, (a) No provision is made whereby one justice can issue a writ returnable before another justice, and sucha writ is void. Secs. 7420, 76 40, R. S. 1909. (b) Powers of justices and the manner of- exercising the same are minutely prescribed by the statutes, and if a justice of the peace exercises any power or issues any writ for which he is not specifically given authority by the statutes, and even though he has power to issue the writ if…
1Opinion of the CourtDavid E. Blair, J.
_ ^ Statement. Appeal from the Circuit Court of the City of St. Louis to the St. Louis Court of Appeals. The judgment of the circuit court was there affirmed and the case was certified here as . . , , . , . . „ , being contrary to a previous decision of the Springfield Court of Appeals in the case of Lively v. Munál-Jones Lumber Company, 194 S. W. 741. *
The opinion of the St. Louis Court of Appeals was by Reynolds, P. J., and was reported in 207 S. W. at page 283. We content ourselves with making reference to the case as there reported for a full statement of the facts and the opinion of the…
2Cases cited2 opinions
- Burden v. HornsbySupreme Court of Missouri · 1872
- Trapp v. MersmanMissouri Court of Appeals · 1914
3Cited by2 opinions
- State Ex Rel. Morris B. I. Co. v. BrownMissouri Court of Appeals · 1934
- F. C. Welch Co. v. Barrett MacHine Co.West Virginia Supreme Court · 1928