Rocheport Bank v. Doak
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The justice of the peace who heard and rendered judgment in this cause, had no jurisdiction to try the same, and the circuit court acquired none on the appeal.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The justice of the peace who heard and rendered judgment in this cause, had no jurisdiction to try the same, and the circuit court acquired none on the appeal. R. S. 1889, sec. 6127. (2) It is essential and indispensible in order to give jurisdiction in this case, that the officer who executed the writ should state, affirmatively in his return, the existence of the facts required by the statute to confer such jurisdiction. State v. Metzger, 26 Mo. 65; Haggard v. R. R., 63 Mo. 302; Laney v. Garbee, 105 Mo. 355; Hansberger…
1Opinion of the Court
Gill, J. —
This is a suit in attachment begun before a justice of the peace of Missouri township in Boone county. On the writ of attachment the constable made return that he had levied on certain personal property of the defendant found in Cedar *335township in said county and by reading the writ to the defendant in said Cedar township. It was not stated in the return that Cedar township adjoined Missouri township.
At the trial in the circuit court, where the case was taken by appeal, plaintiff had judgment sustaining the attachment and on the merits, and defendant appealed.
The sole question…
2Cases cited5 opinions
- State v. MetzgerSupreme Court of Missouri · 1857
- Corrigan v. MorrisMissouri Court of Appeals · 1891
- Daniel v. AtkinsMissouri Court of Appeals · 1896
- State ex rel. Jones v. County CourtMissouri Court of Appeals · 1896
- Cooper v. BarkerMissouri Court of Appeals · 1888
3Cited by11 opinions
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- Dennis v. BaileyMissouri Court of Appeals · 1904
- Barnes v. PlessnerMissouri Court of Appeals · 1906
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- State ex rel. Castleman v. CunninghamMissouri Court of Appeals · 1904
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