Fletcher v. Keyte

Decision Date31 October 1877
PartiesFLETCHER, Plaintiff in Error v. KEYTE et al.
CourtMissouri Supreme Court

Error to Macon Court of Common Pleas.--HON. WILLIAM A. GUYSELMAN, Judge.E. A. Fletcher and J. L. Berry for plaintiff in error.

B. G. Barrow and Gillstrap & Matthews for defendants in error.

SHERWOOD, C. J.

Action for forcible entry and detainer. Complaint insufficient because not verified by affidavit. (1 W. S., 643, § 6). The justice, therefore, never acquired jurisdiction; no more did the court of common pleas. As the judgment of that court, however, went for the defendants, we affirm the judgment.

All concur.

AFFIRMED.

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18 cases
  • Howell v. Sherwood
    • United States
    • United States State Supreme Court of Missouri
    • May 20, 1912
    ...... that the term of office of Barker, whose jurat is attached to. the order of publication, had expired. Fletcher v. Kite, 66 Mo. 285; 2 Chitty's Gen. Prac., 159. Because the order of sale under which renewal order was made. had become functus officio. ......
  • Ver Steeg v. Becker-Moore Paint Co.
    • United States
    • Court of Appeal of Missouri (US)
    • April 12, 1904
    ...the rule of the Court of Appeals laid down in the case of Wiltshire v. Triplett, 71 Mo.App. 332, which case follows the case of Fletcher v. Keyte, 66 Mo. 285, and draws a distinction between that case and the case decided. (3) The uncontradicted testimony, both verbally and in writing, show......
  • McQuoid v. LaMb
    • United States
    • Court of Appeal of Missouri (US)
    • October 27, 1885
    ...provisions of section 2423, Revised Statutes, a conformity with which is an essential prerequisite to the justice's jurisdiction. Fletcher v. Keyte, 66 Mo. 285. The cause was subsequently removed to the circuit court by certiorari. The writ of certiorari performs no other office than to rem......
  • State ex rel. Holladay v. Mayor
    • United States
    • Court of Appeal of Missouri (US)
    • July 6, 1909
    ...... Morris, 43 Mo.App. 456; Maupin v. Franklin Co., . 67 Mo. 327; Wise v. Loring, 54 Mo.App. 258;. Cunningham v. Railroad, 61 Mo. 33; Fletcher v. Keyte, 66 Mo. 285; Ewing v. Donnelly, 20. Mo.App. 6; Zimmerman v. Snowden, 88 Mo. 218; Ex. parte Bryan, 127 Mo. 477. (2) The record in ......
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