McKinney v. Harral
Missouri Court of Appeals
Appeal from the Iron County Circuit Coiort. — Hon. John L. Thomas, Judge. A circuit court can not obtain jurisdiction of a cause by permitting an amendment on appeal from a justice showing jurisdictional facts. The statute requires the court to find the monthly value of the premises.
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Appeal from the Iron County Circuit Coiort. — Hon. John L. Thomas, Judge. A circuit court can not obtain jurisdiction of a cause by permitting an amendment on appeal from a justice showing jurisdictional facts. The statute requires the court to find the monthly value of the premises. R. S., sec. 2490; Feedler ». 8'chroeder, 59 Mo. 367 ; Jones v. Hart, 60 Mo. 857 ; Harwell v. Easton, 63 Mo. 449 ; Dean v. Holly, 27 Mo. 256 ; Grey v. Dry den, 79 Mo. 18. Jurisdiction of the justice must affirmatively appear in the first place. McQuoid v. Lamb, 19 Mo. App. 155.
1Opinion of the CourtBiggs, J.
This is an action of forcible entry and detainer. There was a judgment for the plaintiffs, and the defendant has appealed.
The main reason urged by the defendant in this court, why the judgment is wrong, and ought to be reversed, is, that the circuit court permitted the plaintiffs to amend their complaint by averring that the land was in Iron county. This case was here on appeal once before, and this question was presented and decided (McKinney v. Harral, 31 Mo. App. 41). The court decided, on the former appeal, that such an amendment could be made in the circuit court. R. S., sec. 3060.
The…
2Cases cited7 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Gaines v. FenderSupreme Court of Missouri · 1884
- Bevis v. Baltimore & Ohio RailroadMissouri Court of Appeals · 1888
- Forester v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
- Adair County v. OwnbySupreme Court of Missouri · 1882
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3Cited by5 opinions
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