Davidson v. Schmidt
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. This court will take judicial cognizance of the fact that Cape Girardeau county contains less than fifty thousand inhabitants.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. This court will take judicial cognizance of the fact that Cape Girardeau county contains less than fifty thousand inhabitants. It "follows, therefore, that the jurisdiction'of the circuit court over the subject-matter of this action is not original and exclusive, because it is otherwise provided in said section 2818 giving to justice of the peace jurisdiction in the action where the value of the property does not exceed one hundred and fifty dollars. As by the Constitution concurrent jurisdiction of the circuit court with…
1Opinion of the CourtNortoni, J.
This action originated in the circuit court. Its purpose is to enforce a mechanic’s lien for an amount less than fifty dollars; that is to say, for the sum of thirteen dollars and fifty cents. The court proceeded with the case as though it were possessed of jurisdiction over the subject-matter, notwithstanding all of the parties are residents of Cape Girardeau county. The finding and judgment were for the plaintiff and defendant appeals.
*362It is argued that the cause having originated in the ■circuit court, the judgment must he reversed for the reason the court is without jurisdiction in the…
Also in this document: Concurrence.
2Cases cited15 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Pacific Railroad v. Cass CountySupreme Court of Missouri · 1873
- State v. RollerSupreme Court of Missouri · 1882
- Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
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3Cited by2 opinions
- Lajoie v. Central West Casualty Co.Missouri Court of Appeals · 1934
- Gilbert v. GilbertSuperior Court of Delaware · 1961