duff v frazier action

notice demand frazier The notice of the unlawful taking by frazier and his agents of property, including rights of action and chattel

duff v frazier action common law action initiated by duff in the county circuit court

NOTICE OF HEARING 8/13/07 notice of hearing is not in the case file by 8/16 when I acquired a certified case file stating the case file was complete as of 8/16............. hmmmm

WHOA!!!!!!!!!!!!!!!! NOW WE WOKE SOMEONE UP. I RECEIVED A MOTION TO DISMISS THE FRAZIER ACTION IN THE CLAY COUNTY COURT FROM THE STATE ATTORNEY GENERALS OFFICE.......... THEIR CLAIM IS THAT THIS MUNICIPAL COURT OF LIMITED JURISDICTION HAS EXCLUSIVE JURISDICTION OVER ME AND THE CHARGES MADE BY THE CITY............ READ IT,,,,,, LATER READ MY RESPONSE. WOW JEREMIAH NIXON, MISSOURI ATTORNEY GENERAL IS DEFENDING A MUNICIPAL TRAFFIC TICKET CASE...... how bout that for evidence of constructive imprisonment.......

Overall, during this case, the people operating government in Clay County Missouri have been polite, considerate and thoughtful and have tried hard to do everything i asked them to do to this point. it is my hope that reason prevails once they begin to fully understand what it means for a sovereign to sue out his injury in a "Court of Record proceeding according to the common law." Today they are beginning to pay attention.

The TRIBUNAL issues its order/decision/decree/judgment today 8/24/2007 - the clerk, after conferring with the ranking clerk on duty, stamped this document "Received". I smiled, and pointed out to her this document needed to be filed in the case and that if she didn't feel comfortable doing it on her own authority she could blame doing that on me as I was demanding that it be filed...... and so the clerk conversed with the superior for a moment..... then asked me to have a seat, that the ranking clerk was taking this document to the judge. In ten munutes or so When she came back, she filed this document into the case and marked it "filed on demand". I said thank you.. and commented that I was curious what the judge might have had to say and the clerk nodded in agreement. here is the file stamped version

hearing is set for 8/29/2007 at 9am in division two of the clay county. All who wish it may attend.

The hearing was a sham.. the assistant attorney general failed to show...... but had an excuse, plausible though it may be...... and the magistrate covered for her. read the next link writ of error. also, I had thought that the confrontation that is now beginning between the plaintiff, the tribunal and the magistrate would have begun sooner.... oh well....... it is beginning now.

this motion is supported by: (1973) Used car dealer who failed to receive certificate of title as required in § 301.210, RSMo, had no interest to sustain recovery in replevin. Bonnell v. Mahaffey (A.), 493 and: Wilks v. Stone. 339 S.W.2d 590, 594 (Mo. App. 1960). and MO. REV. STAT. §301.210.4 (2007, and; Turman v. Schneider Bailey, Inc., 768 S.W.2d 108, 112 (Mo. App. W.D. 1988). and; Moreover, the officers' detention of the Buick was not wrongful, but was a legally authorized exercise of the officers' law enforcement duties. See Mitchell v. Village of Edmundson, 891 S.W.2d 848, 850 (Mo. App. E.D. 1995). (if anyone has this case, i would like a copy, it is not findable in court opinions search or thru google.

MY REBUTTAL MOTION and SUGGESTIONS IN SUPPORT - FIRST DRAFT this document was originally done on defendants first motion to dismiss but scrapped in favor of; The TRIBUNAL issues its order/. filed. 8/24/2007 and was rewritten to include defendant's second motion to dismiss (replevin) on 9/10/2007

notice of hearing and addendum 10-07-2007 canceled ,,,,,, new hearing set for 11-7-2007 at 9am division two clay county, mo court

The hearing came and went...... Gabbert did as anticipated...... he attempted to flip the court ....... heard defendants motions and refused to hear duffs case management hearing that was noticed up for the same day....... then took the motions under advisement over duff objections ......

UNDERLYING KANSAS CITY, MO MUNICIPAL COURT ACTION AGAINST DUFF

see exhibit C duff action for citations

kc v duff muni answer here is the answer filed in the muni case FILED JUNE 22 07

It appears, upon info received by tow lot clerk, that Duff's 1996 Buick has been sold at auction. (prior to any due process of any kind) I think we may have evidence of an auto theft ring here.

Precaepe for clerk judgment of default FILED 09 04 07

notice of acceptance of oath of office FILED 09 04 07

motion to dismiss FILED 09 04 07

Judge at 9-4-07 denied duff's motion to dismiss (without reading it) typical. trial set for 10-2-07 11 AM room A

court date came and went...... typical kangaroo muni event. frazier testified he had no evidence of duff licensing or titling and licensing of vehicle

the judge dismissed the insurance charge telling the prosecutor that is duff didn't have license plates, the charge could not be sustained....... hmmmmm...... then found the other charges against duff.

Duff filed writ of mandamus - after trial motion 10-8-2007 with the clay county court and copied it to the muni file...... and as of 11272007 nothing has been done on it.

muni issued a warrant for contempt for non payment

duss files document showing cause why contempt is not appropriate.