Godman v. Gordon
Missouri Court of Appeals
Appeal from the Boone Circuit Court.—Hon. John A. Hockaday, Judge. (1) The motion in arrest of judgment should have been sustained, for the reason that the justice had no jurisdiction either of the person of the defendant, Jack Victor, or of either of the garnishees or of the subject-matter of the action and the circuit court obtained none by appeal. Devore v. StaecMer, 49 Mo. App. 547; Whitehead v. Cole et al., 49 Mo. App. 428; Corbin v. Lasioell, 48 Mo.
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Appeal from the Boone Circuit Court.—Hon. John A. Hockaday, Judge. (1) The motion in arrest of judgment should have been sustained, for the reason that the justice had no jurisdiction either of the person of the defendant, Jack Victor, or of either of the garnishees or of the subject-matter of the action and the circuit court obtained none by appeal. Devore v. StaecMer, 49 Mo. App. 547; Whitehead v. Cole et al., 49 Mo. App. 428; Corbin v. Lasioell, 48 Mo. App. 626; Green v. Castello, AdmW, 35 Mo. App. 127; Osborn v. Schutt, 67 Mo. 712. The constructive service of the writ of attachment…
1Opinion of the CourtSmith, P. J.
—The plaintiff brought this action against defendant, Jack Victor, by attachment, before a justice of the peace. Glordon and W. L. Victor, executors of the estate of S. B. Victor, deceased, were summoned as garnishees. The cause was removed by appeal to the circuit court, where the plaintiff had judgment, and to reverse which the garnishees have appealed.
The garnishees filed no bill of exceptions, though the clerk has copied into the transcript a number of motions and the rulings of the court thereon; but these, of course, we can not notice. Our examination must be restricted to the record…
2Cases cited16 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kane v. McCownSupreme Court of Missouri · 1874
- Gates v. TustenSupreme Court of Missouri · 1886
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Burnett v. McClueySupreme Court of Missouri · 1887
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3Cited by8 opinions
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
- Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902
- Nevatt v. Springfield Normal SchoolMissouri Court of Appeals · 1899
- Mengwasser v. TackittMissouri Court of Appeals · 1955
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