Wiltshire v. Triplett
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The affidavit to the complaint is fatally defective and confers no jurisdiction. This is to the very letter the form of affidavit which this court has declared to be no affidavit at all. Reilly v. Poivell, 34 Mo. App. 431; Tegler v. Mitchell, 46 Mo. App. 350. The affidavit is jurisdictional.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The affidavit to the complaint is fatally defective and confers no jurisdiction. This is to the very letter the form of affidavit which this court has declared to be no affidavit at all. Reilly v. Poivell, 34 Mo. App. 431; Tegler v. Mitchell, 46 Mo. App. 350. The affidavit is jurisdictional. Edmonson v. Phillips, 73 Mo. 57; Pry v. R’y, 73 Mo. 123; Fletcher v. Keyte, 66 Mo. 285. The true test of the sufficiency of a paper as an affidavit is the possibility of assigning perjury upon it if false. 1 Am. and Eng. Ency. PL and…
1Opinion
ON MOTION NOE EEHEAEING.
Pee Cueiam.
Much stress is laid on two points made by defendant as á reason why a rehearing should be granted. One is that the court in Tegler v. Mitchell, 46 Mo. App. 349, cited section 5153, Revised Statutes 1889, as authority for allowing an -amended affidavit. This was a mere inadvertence of no importance. The section intended was 5159. Dean v. Trax, 67 Mo. App. 517.
The other point is that we are in conflict with Fletcher v. Keyte, 66 Mo. 285. The distinction between that case and this is plain. In that ease it was held that an affidavit in forcible entry and…
2Cases cited6 opinions
- Fletcher v. KeyteSupreme Court of Missouri · 1877
- McQuoid v. LambMissouri Court of Appeals · 1885
- Johnson v. FischerMissouri Court of Appeals · 1894
- Allen v. ScharringhausenMissouri Court of Appeals · 1880
- Tegler v. MitchellMissouri Court of Appeals · 1891
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