Berkley v. Kobes
Berkley v. Kobes
Opinion of the Court
delivered the opinion of the court.
This is a writ of error to reverse a judgment of the circuit court dismissing the cause for want of jurisdiction. There is no bill of exceptions in the record, and hence, although the clerk has copied into the record the motion, yet under a well-settled rule of practice, we cannot look to it for any purpose whatever; but we can only look to those matters which arise upon the record proper. The case was a landlord’s summons originally brought before a justice of the peace. In such a case, we understand the record proper to be the justice’s transcript, the original papers transmitted therewith to the circuit court, and the final
Then it is urged that the record shows that there was no service of summons upon the appellant. There is nothing in this point. It is settled that, by appealing to the circuit court from the judgment which the justice rendered against him, he submitted himself to the jurisdiction of the circuit court for all the purposes of the action. Gibbs v. Missouri Pacific Ry. Co., 11 Mo. App. 459; Blackman v. Cowen, 11 Mo. App. 589 Rev. Stats., sect. 3052.
No want of jurisdiction appearing on the face of the record, the judgment of the circuit court is reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.