79 Mo. App. 184 | Mo. Ct. App. | 1899
Plaintiff filed an account in the probate court of Montgomery county for a balance of $1,249.70 against the estate of his father in the hands of the defendant as administrator. .By written stipulation of the parties the •cause was transferred to the circuit court of that county, where the defendant administrator filed an answer of general denial, •setting up a counterclaim and pleading another suit involving the same issues. The reply was a general denial. The question as to the pendency of another suit seems to have been submitted to the court for decision before the submission of the other issues raised by the answer to the jury. The court found against defendant on the issue tried by it. The bill of exceptions to its finding does not set out in full the evidence
The first error assigned is that the circuit court had no jurisdiction of this action. Appellant is in no position to-question the jurisdiction of the circuit court of this cause. The jurisdiction of that court was not assumed in invitum as to him. On the contrary he expressly stipulated for the transfer of the-cause to that court, and it having general jurisdiction of the subject-matters of actions like the present the consent of the parties vested it also with jurisdiction of their persons.