Davis v. Robinson
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Eon. John T. Moore, Judge. (1) “No rightful jurisdiction of a party can he acquired by fraud or misrepresentation, and if the person so proceeded against, brings it properly to the attention of the court assuming jurisdiction over him, as the defendant did in this case, the suit must be dismissed after proof or admission of the facts.”
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Appeal from Stone Circuit Court. — Eon. John T. Moore, Judge. (1) “No rightful jurisdiction of a party can he acquired by fraud or misrepresentation, and if the person so proceeded against, brings it properly to the attention of the court assuming jurisdiction over him, as the defendant did in this case, the suit must be dismissed after proof or admission of the facts.” Byler v. Jones, 79 Mo. 263; Bank v. Knox, 47 Mo. 334; Graham v. Ringo, 67 Mo. 324; Christian v. Williams, 111 Mo. 429; Roberts v. Stone, 99 Mo. App. 425; Hodkins v. McGee, 23 Mo. 312. (2) A judgment of the circuit court may…
1Opinion of the CourtBland, P. J.
The action was for printing and publishing a libel and was brought in the circuit court of Lawrence county, where plaintiff and defendant R. Rosenthal resided. Defendant Robinson resided in Greene county and was the proprietor of the newspaper in which the libel was published. Summons was issued to *295Rosenthal to the sheriff of Lawrence county, and to Robinson to the sheriff of Greene county, both made returnable to ■'he March term, 1905, of the Lawrence Circuit Court, and were personally served on both defendants more than thirty days before the first day of said term. Rosenthal appeared at…
Also in this document: Concurrence.
2Cases cited5 opinions
- Howard v. StateSupreme Court of Arkansas · 1893
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- State ex inf. Crow v. VallinsSupreme Court of Missouri · 1897
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Hoffman v. LoudonMissouri Court of Appeals · 1902
3Cited by4 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Griggs v. Venerable Sister Mary Help of ChristiansMissouri Court of Appeals · 1951
- Longmire v. Diagraph-Bradley Stencil MacHine Corp.Missouri Court of Appeals · 1943
- Rathke v. RathkeMissouri Court of Appeals · 1938