Missouri Appeal Reports Volume 141

Missouri Appeal Reports Volume 141

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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. 1910 edition. Excerpt: ...There was no appearance of any kind by plaintiff at this term, and it is clear that up to this time the court had acquired no jurisdiction over plaintiff and could not have made any order at that time that would bind it. At the next term, January, 1908, there was no appearance by plaintifi and the cause was ordered continued to the next term. At the April term, 1908, plaintifi appeared and filed a motion to strike the case from the docket. At that time the only parties in court were Paul Jones & Company and plaintiff. Paul Jones & Company had filed the original motion to reinstate, and this for the purpose of having taxed against plaintiff, Brewing Company, the accrued costs in the case of Paul Jones & Company v. Gray & Company, Plaintifi was in court to resist that motion, and at this time, the only matter before the court was this motion which was, in effect, a motion to tax costs, and in which no one was interested except the brewing company and Paul Jones & Company. The mo tion to reinstate shows that the reinstatement of the case was not asked for the purpose of having the case disposed of upon its merits, but was for a special purpose only, namely; that of taxing certain costs against plaintiff. The defendant in the case, Hogg, had not appeared and was not a necessary party to a hearing on the question between Paul Jones & Company and the brewing company as to the taxing of costs. It is contended by defendant in error that the record made at the October term, 1908, which recites that the case was continued "by agreement of the parties hereto," means that all parties consented to the continuance, and that that gave the court jurisdiction in the entire case. With this we do not agree. At the time...show more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236941268
  • 9781236941268