State ex rel. Newell v. Cave
Supreme Court of Missouri
Mandamus. (1) Jurisdiction of the subject-matter is conferred by law, and its non-existence may not be waived. Service of process has to do with jurisdiction of the person, and is waived by appearance to the merits.
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Mandamus. (1) Jurisdiction of the subject-matter is conferred by law, and its non-existence may not be waived. Service of process has to do with jurisdiction of the person, and is waived by appearance to the merits. Fithian v. Monks, 43 Mo. 515; State ex rel. v. Smith, 104 Mo. 422; State ex rel. v. Neville, 110 Mo. 348; Dowdy- v. Wamble, 110 Mo. 284; Railway v. Lowder, 138 Mo. 536; 7 R. C. L. 1029; O’Brien v. People, 216 111. 354. (2) An appearance to the merits of an election contest is a waiver of defects in the service. Lankford v. Gebhart, 130 Mo. 641; State ex rel. v. Oliver, 163 Mo.…
1Opinion of the CourtWoodson, J.
This is an original proceeding instituted in this court, asking for a writ of mandamus against the Honorable Rhodes E. Cave, one of the .judges of the circuit court of the city of St. Louis, directing him to reinstate and proceed with the trial of the case of James P. Newell v. Frank M. Slater, an election contest, as to the right to , the office of Public Administrator of said city, lately pending in said court, before said judge, and by him dismissed. An alternative writ was issued and served upon Judge Cave, to which he filed a demurrer, thereby admitting the facts stated therein. They are…
2Cases cited18 opinions
- O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Fithian v. MonksSupreme Court of Missouri · 1869
- Leonard v. SparksSupreme Court of Missouri · 1893
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Marston v. CatterlinSupreme Court of Missouri · 1921
- Messick v. GraingerSupreme Court of Missouri · 1947
- State ex rel. Davis v. EllisonSupreme Court of Missouri · 1919
- State Ex Rel. Brown v. StewartSupreme Court of Missouri · 1926
4 more not listed; retrieve them via the Exa API.