Scientific American Club v. Horchitz
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel Gr. Taylor, Judge. (1) In a suit before a justice by a foreign corporation, its statement which sets forth that it is such corporation should further aver permission of the State to maintain suits in Missouri, since such permission is jurisdictional and may be raised at any time, and is not waived by an appeal of the defendant and a failure to give notice of such appeal.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel Gr. Taylor, Judge. (1) In a suit before a justice by a foreign corporation, its statement which sets forth that it is such corporation should further aver permission of the State to maintain suits in Missouri, since such permission is jurisdictional and may be raised at any time, and is not waived by an appeal of the defendant and a failure to give notice of such appeal. An affirmance by the circuit court on appeal from such a judgment will not impart to it any validity. Hague v. Ward, 89 Mo. App. 186; Amusement Co. v. Amusement Co., 192…
1Opinion of the CourtBland, P. J.
The action was begun before J. J. Spaulding, Esq., a justice of the peace, in the city of St. Louis. An answer was filed to the complaint and the issues were tried by the justice, on May 28, 1906, resulting in a judgment for plaintiff. On June 9, 1906 (seven days after the judgment was rendered by the justice), defendant took an appeal to the circuit court. No notice of the appeal was ever served on plaintiff. After the lapse of three terms of the circuit court, to-wit, the June, October and December terms, 1906, plaintiff, at the February term, 1907, filed *578its motion to affirm the judgment…
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