Banister v. Weber Gas & Gasoline Engine Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Edward L. \ Bcarritt, Judge. (1) "We contend that the evidence does not substantiate the finding of the trial court that the Texas court had jurisdiction over the person of the defendant. Waddell v. Williams, 50 Mo. 216; Henry v. Bell, 75 Mo. 194, 199; Knapp, Stout & Co. v. Standley, 45 Mo-. App. 268. (2) There is no question that this court is authorized to pass upon the jurisdiction of the Texas court.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. Edward L. \ Bcarritt, Judge. (1) "We contend that the evidence does not substantiate the finding of the trial court that the Texas court had jurisdiction over the person of the defendant. Waddell v. Williams, 50 Mo. 216; Henry v. Bell, 75 Mo. 194, 199; Knapp, Stout & Co. v. Standley, 45 Mo-. App. 268. (2) There is no question that this court is authorized to pass upon the jurisdiction of the Texas court. The service was not upon the defendant, but plaintiff claims was made upon its “local agent,” and thus gave the Texas court jurisdiction.…
1Opinion of the CourtGill, J.
This is ¡a suit on a judgment rendered in January, 1896, by á court of competent jurisdiction in the state of Texas. Plaintiff, a resident of that state, sued the defendant, a Missouri corporation, with its principal office -at Kansas City, to rescind a contract for the purchase of a certain gasoline engine manufactured and sold by defendant, and to recover as damages the amount paid on the machine and other expenses incurred in the effort to make it operate as warranted. The defendant failed to appear before the Texas 'court, a judgment by default was entered against it for $1,340.42; and…
2Cases cited1 opinion
- Eager v. StoverSupreme Court of Missouri · 1875
3Cited by3 opinions
- Stuart Ex Rel. Stuart v. DickinsonSupreme Court of Missouri · 1921
- Young v. Niles & Scott Co.Missouri Court of Appeals · 1907
- Hester v. FrinkMissouri Court of Appeals · 1915