Legal Opinion

Crenshaw v. Pacific Mutual Life Insurance

Missouri Court of Appeals

Decided May 3, 1897PublishedCited by 10 opinions

Appeal from the Clay Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The circuit court had no jurisdiction of the subject-matter, and the cause should have been dismissed. It should be dismissed by this court. Ins. Co. v. Foster, 56 Mo. App. 197; Olin v. Zeigler, 46 Mo. App. 193; Gillihan v. Wren, 44 Mo. 377; Gideon v. Hughes, 21 Mo.

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Appeal from the Clay Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The circuit court had no jurisdiction of the subject-matter, and the cause should have been dismissed. It should be dismissed by this court. Ins. Co. v. Foster, 56 Mo. App. 197; Olin v. Zeigler, 46 Mo. App. 193; Gillihan v. Wren, 44 Mo. 377; Gideon v. Hughes, 21 Mo. App. 528. (2) The circuit court should have sustained appellant’s objection to the introduction of testimony — should have sustained appellant’s demurrer to the evidence at the end of respondent’s case — should have given the peremptory instruction asked by…

1Opinion of the CourtSmith, P. J.

This is an action which was commenced before a justice of the peace on an accident policy of insurance. It was before us by appeal on another occasion, as will be seen by reference to 63 Mo. App. 678, where there is a general statement of the case which, we think, will be found sufficient for a proper understanding of the questions raised by the present appeal. The plaintiff had judgment in the circuit court and defendant appealed.

justice’s courts: Í”fng!)CfhTsuranee policy. The defendant objects that the circuit court was without jurisdiction of the cause for the reason that the policy sued…

2Cases cited17 opinions

  1. LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
  2. Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
  3. Grubbs v. ConesSupreme Court of Missouri · 1874
  4. Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
  5. Franklin Fire Ins. v. CoatesCourt of Appeals of Maryland · 1859

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
  2. Empire District Electric Co. v. JohnstonMissouri Court of Appeals · 1954
  3. Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
  4. H v. DMissouri Court of Appeals · 1963
  5. Christy v. Great Northern Life InsuranceMissouri Court of Appeals · 1944

5 more not listed; retrieve them via the Exa API.

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