83 Mo. 372 | Mo. | 1884
The plaintiff commenced this action before H. P. Mobley; a justice of the peace of Centex township in Yernon county, to recover double damages under section 809, Rev. Stat., for certain stock, all alleged to have been killed by the defendant in Washington township, in said county. There is no allegation that Washington township adjoins Center. The plaintiff recovered judgment before the justice, from which the defendant appealed to the circuit court, where it filed a motion to dismiss the cause, alleging that “the court before whom this suit was brought did not have, nor has this court, any jurisdiction either of the person of defendant or the subject matter of said suit.” This motion was overruled. Defendant objected to the introduction of any evidence under the petition, which was overruled and the plaintiff thereupon introduced evidence tending to establish all the facts therein alleged. The defendant demurred to this evidence. The verdict was for the plaintiff and a judgment was rendered in his favor for double the amount found.
The only question is, as to the action of the court below in overruling defendant’s demurrer to the evidence, which it is insisted is error, because of the want of jurisdiction, the statement being for stock killed in Washington township, and the trial in Center township. There was no allegation nor evidence offered tending to show that these two townships are adjoining. Thé
The judgment below is, therefore, reversed and the case remanded.
