State v. Galloway

• Decision Date: 17 February 1930
• Docket Number: No. 4759.,4759.
• Citation: 24 S.W.2d 710
• Parties: STATE ex rel. HARRIS v. GALLOWAY.
• Court: Missouri Court of Appeals

24 S.W.2d 710

STATE ex rel. HARRIS v. GALLOWAY.

No. 4759.

Springfield Court of Appeals. Missouri.

February 17, 1930.

Appeal from Circuit Court, Christian County; Robert L. Gideon, Judge.

"Not to be officially published."

Certiorari proceedings by the State, on the relation of Rex Harris, to question jurisdiction of J. W. Galloway, a Justice of the Peace, in a suit before respondent justice, wherein relator Rex Harris was defendant, and the Union National Bank plaintiff. From a judgment of circuit court quashing writ of certiorari, relator appeals. Affirmed.

Omer E. Brown, of Ozark, for appellant.

V. O. Coltrane, of Springfield, for respondent.

BAILEY, J.

This is an appeal from a judgment of the circuit court quashing its writ of certiorari issued by said court in vacation and directed to respondent, a justice of the peace of Sparta township, Christian county. The petition alleged the commencement of a suit before said justice wherein relator, Rex Harris, was defendant; that the justice had no jurisdiction in said cause, and that relators appeared by a limited motion only for the purpose of attacking the jurisdiction of said court, but that said motion was overruled and the justice proceeded to render judgment against relator. The return of respondent shows that, in the matter of the Union National Bank against Rex Harris, suit was instituted by said bank upon a note, seeking to recover an alleged balance of $205.75. An amended summons was issued in due form, after a prior service on defendant had been quashed. The return of the constable on such amended summons was in words and figures as follows:

"Officer's Return.

"I hereby certify that I served the within writ by delivering a copy of summons to the said Rex Harris the 24 day of April, A. D. 1929, in Finley Township, Christian County, Missouri.

                "Mileage ______ Miles ______ Fees 60¢
                      "[Signed.]  R. P. Alsup, Constable."
                

The jurisdiction of the justice was attacked upon the ground that service was had on relator, Rex Harris, in Finley township which, it is alleged, was not adjoining to Sparta township, wherein the suit was instituted. Relator's brief contains no assignment of errors for the reason, no doubt, that the only question in the case properly preserved is in regard to the jurisdiction of the justice of the peace.

Section 2722, R. S. Mo. 1919, provides that justice court actions shall be brought before some justice of the peace of the township, either (1) "wherein the defendants, or one of them, resides, or in any adjoining township;" or, (2) "wherein the plaintiff resides, and the defendants, or one of them, may be found." The transcript of the justice in this case, filed in obedience to the writ issued by the circuit court, nowhere shows the residence of...