Schaller v. State
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. The second instruction moved by defendant, and which the court below refused to give, brings up a question of jurisdiction. The bill or account in evidence, was clearly beyond the jurisdiction of the justice. Did the words “voluntary credit 77 cts.” give jurisdiction? To do so, they must act as a release.
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APPEAL from St. Louis Criminal Court. The second instruction moved by defendant, and which the court below refused to give, brings up a question of jurisdiction. The bill or account in evidence, was clearly beyond the jurisdiction of the justice. Did the words “voluntary credit 77 cts.” give jurisdiction? To do so, they must act as a release. They must utterly prevent said Nelson from even recovering said “77 cts.” if he sued lor them, and they were justly due, (according to the British authorities quoted below, a release to escape a jurisdiction might perhaps not avail.) It would present a…
1Opinion of the CourtRyland, J.
The appellant was indicted in the St. Louis criminal court at the January term, 1850, for the crime of perjury.
Michael Schaller, the appellant in this court, was a justice of the peace, within and for the county and city of St. Louis; one T. S. N., brought suit before said Schaller as a justice of the peace against one Nicholas Patton on an open account for $90. The account filed was *505for $90 77 cents, with a “voluntary credit of 77 cents,” leaving the amount due $90. On this account judgment by default was rendered against Patton; and the justice gave the final judgment for N. for the ninety…
2Cited by7 opinions
- State v. O'ReillySupreme Court of Missouri · 1895
- McDaniel v. StateAlabama Court of Appeals · 1915
- Chase v. StateMississippi Supreme Court · 1872
- Robinson v. StateNebraska Supreme Court · 1904
- Carter v. StateNebraska Supreme Court · 1893
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