Warwick v. North American Investment Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. A. M. Wood,son, Judge. (1) The defendant’s motion to dismiss should have been sustained, because the justice of the peace before whom the case was tried was not a legally elected and qualified justice of the peace. R. S. 1879, sec. 2803; R. S. 1899, sec. 3805; State ex rel. v. McCann, 81 Mo. 479; State ex rel. v. Ranson, 73 Mo. 78; Commonwealth ex rel. v. Pattison Gov., 12 Pa. Co. Rep. 202, 2 Pa. Dist.
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Appeal from Buchanan Circuit Court. — Eon. A. M. Wood,son, Judge. (1) The defendant’s motion to dismiss should have been sustained, because the justice of the peace before whom the case was tried was not a legally elected and qualified justice of the peace. R. S. 1879, sec. 2803; R. S. 1899, sec. 3805; State ex rel. v. McCann, 81 Mo. 479; State ex rel. v. Ranson, 73 Mo. 78; Commonwealth ex rel. v. Pattison Gov., 12 Pa. Co. Rep. 202, 2 Pa. Dist. Rep. 128; Ex parte Snyder, 64 Mo. 58; Ayres v. Lattimer, 57 Mo. App. 78; State ex rel. v. Jenkins, 43 Mo*. 261; State v. O’Brien, 68 Mo. 153; Jester…
1Opinion of the CourtJohnson, J.
This action originated before L. W. Michelson, a justice of the peace in Washington township, Buchanan county; was removed on change of venue to H. W. Burke, another justice of the peace in the same township, where a trial resulted in favor of plaintiff. Following an appeal to the circuit court defendant filed a motion in which it attacked the legality of the offices of justice of the peace as constituted in Washington township, and one of the errors now claimed is the action of the court in overruling this motion. We have had occasion at this term to consider the question involved, in the…
2Cases cited4 opinions
- Cochran v. People's Railway Co.Supreme Court of Missouri · 1892
- Bealey v. Blake's AdministratorMissouri Court of Appeals · 1897
- Glover v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1900
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
3Cited by2 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- J. T. Burgher & Co. v. FlooreTexas Supreme Court · 1915