McDermott v. Gray
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Eon. E. B. McKee, Judge. The court had no jurisdiction to grant the divorce in favor of the defendant against her husband Alonzo H. Gray, and had no jurisdiction to inquire of its jurisdiction in such case, for the reasons: 1st. The order of publication made by the clerk was not signed or attested by him. This is a judicial act and must be attested by the clerk.
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Appeal from Clark Circuit Court. — Eon. E. B. McKee, Judge. The court had no jurisdiction to grant the divorce in favor of the defendant against her husband Alonzo H. Gray, and had no jurisdiction to inquire of its jurisdiction in such case, for the reasons: 1st. The order of publication made by the clerk was not signed or attested by him. This is a judicial act and must be attested by the clerk. "Wade on Notice, sec. 1062; Hays v. Lewis, 21 "Wis.. 667; Charles v. Kelley, 120 Mo. 141; 20 Ency. PI. and Pr., 1138; Patón v. Hill Co., 33 S. W. 383; Steele v. Murray, 80 Iowa 336. 2nd. For the…
1Opinion of the CourtFox, J.
This cause is brought to this court by appeal on the part of the plaintiff from a judgment and decree dismissing the bill of plaintiffs, which sought to set aside certain deeds executed by appellant Lucy Turner, conveying certain lands to the respondent, for possession of the same and for rents and profits.
To fully appreciate the nature and character of this cause of action it is well to indicate the substance of the issues as indicated by the pleadings.
The amended petition upon which the case was tried alleges that one Robert L. McDermott died at the county of Clark intestate during the…
2Cases cited14 opinions
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Kane v. McCownSupreme Court of Missouri · 1874
- Vance v. CorriganSupreme Court of Missouri · 1883
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Skelton v. SackettSupreme Court of Missouri · 1886
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3Cited by3 opinions
- Ray v. RaySupreme Court of Missouri · 1932
- Dilk v. ScottSupreme Court of Arkansas · 1956
- Hines v. FelkinsSupreme Court of Missouri · 1921