Bowman v. Neblett, 4547.

• Decision Date: 17 February 1930
• Docket Number: No. 4547.,4547.
• Parties: BOWMAN v. NEBLETT.
• Court: Missouri Court of Appeals

24 S.W.2d 697

BOWMAN v. NEBLETT.

No. 4547.

Springfield Court of Appeals. Missouri.

February 17, 1930.

Appeal from Circuit Court, Laclede County; W. E. Barton, Judge.

"Not to be officially reported."

Action by Fred E. Bowman against D. D. Neblett. Judgment for plaintiff in justice of peace court was affirmed by the circuit court, and defendant appeals. Reversed.

Phil M. Donnelly and I. W. Mayfield & Son, all of Lebanon, for appellant.

SMITH, J.

This case originated before a justice of the peace in Lebanon township, Laclede county, and was an attempt to collect damages from the defendant in the amount of $100 for striking and injuring a cow of plaintiff and damaging the cow so that the plaintiff had to kill her.

As we think the justice of the peace and the circuit court erred in failing to sustain a plea to the jurisdiction of the court in this cause, it will be unnecessary to discuss any other phase of the record before us.

The defendant filed a plea to the jurisdiction of the justice of the peace, which plea was overruled, and judgment was rendered against the defendant in that court. Appeal was taken to the circuit court, where the plea was again filed, and was overruled by the circuit court, and exceptions duly saved, and, upon proper steps being taken for appeal, is here for consideration by us. The plea to the jurisdiction is as follows:

"Comes now the Defendant and appearing for the sole purpose of this motion, and for no other purpose whatever, and making no further appearance in this said cause, and files this, his plea to the jurisdiction of the Court, and for reasons whereof, states and informs the Court and the service of the purported process herein, a resident of Springfield, Greene County, Missouri, and was so residing a long time prior thereto; that for the purpose of compelling the Defendant to be and appear in Laclede County, Missouri, for the purpose of serving this Defendant with process issued out of this Court that the Plaintiff, Fred E. Bowman, wrongfully procured the officers in the City of Springfield, Missouri, to cause Defendant's arrest on the 2nd day of June, 1927, and that the said officers of the said city did appear at Defendant's house at Springfield, Missouri, and informed Defendant that they were authorized to arrest Defendant on a charge at Lebanon, Missouri; that said charge was a criminal charge placed against this Defendant for the offense of running into Plaintiff's cow, for which this Defendant has been sued; that the said police officers of Springfield, at the instigation and request of the Plaintiff, did on the 2nd day of June, 1927, cause Defendant's arrest and did arrest this Defendant, and Defendant was caused to be taken to the police station at Springfield, Missouri, where Defendant was again advised that criminal process had been procured against him at Lebanon, Missouri, for running into the Plaintiff's cow, for which Defendant is now sued; that the said officers at Springfield, while Defendant was under arrest, called up the officers at Lebanon, Missouri and informed them that they had the Defendant under arrest and advised the Lebanon officers that the Defendant would be down to Lebanon on Saturday Morning, June 4, to answer said criminal charge.

"Defendant further says that on the said 4th day of June, 1927, he procured his attorney and bondsmen and came to Lebanon, Missouri, for the purpose of answering said criminal charge and give bond in the same but that when he got to Lebanon, Missouri, for said purpose and within the jurisdiction of the Court, that ...