Missouri Appeal Reports Volume 122

Missouri Appeal Reports Volume 122

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...reversed, that is, if defendant was plaintiff in the action and its right to sue was challenged, it would have to show a compliance with the requirements of the Act of 1891, as a condition precedent to its right to maintain the action. The legal aspect is reversed by reason of its position as defendant in the action. By the facts that it transacted business in the State and had an agent in the State, upon whom service of process was had, it will not be heard to allege a non-compliance with the Act of 1891, for the purpose of avoiding its contract made in this State with a citizen thereof, or to avoid the jurisdiction of the courts over its person. It will be estoppcd to set up its own wrong, either for the purpose of avoiding i.ts contracts with citizens of this State, or in opposition to the jurisdiction of the courts of the State. Hyer v. Chamberlain, 46 Fed. l. c. 341, and cases cited; Columbus Insurance Co. v. Walsh, 18 Mo. 229..Service of process having been had upon an agent of defendant i11 Stoddard county, where said agent was transacting business for the defendant, for the purpose of the action defendant must be regarded as having such constructive residence within this State as to bring it within the case of Slavens v. Railroad, Harding v. Railroad, and Crutsinger v. Railroad, supra. In this view of the case, the court committed error in overruling plaintifffs motion to dismiss the appeal, and the judgment should be reversed and the cause remanded with directions to the circuit court to set aside its order overruling the motion to dismiss the appeal, and to sustain said motion and dismiss the appeal. PRACTICE: Acquiescing in Error: Waiver. Where instructions requested by the appellant and refused by the trial court showed the...show more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236985834
  • 9781236985835