Missouri Granitoid Co. v. George
Missouri Court of Appeals
Appeal from St. Louis- City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The jurisdiction of a justice of the peace to enforce a claim of mechanic’s lien is special and every requisite to its exercise must appear on the face of the record. Heimberger v. Harrison, 83 Mo. App. 544; Ruckert v. Richter, 127 Mo. App. 668. No presumption will be indulged in favor of the jurisdiction of a justice of the peace. Bick v. Lanham, 123 Mo. App. 268; State v. McCord, 124 Mo.
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Appeal from St. Louis- City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The jurisdiction of a justice of the peace to enforce a claim of mechanic’s lien is special and every requisite to its exercise must appear on the face of the record. Heimberger v. Harrison, 83 Mo. App. 544; Ruckert v. Richter, 127 Mo. App. 668. No presumption will be indulged in favor of the jurisdiction of a justice of the peace. Bick v. Lanham, 123 Mo. App. 268; State v. McCord, 124 Mo. App. 68. (2) The filing of notice in the office of the clerk of the circuit court, stating the date when and the justice of…
1Opinion of the CourtReynolds, P. J.
(after stating the facts. — The action of the learned trial judge in dismissing the case on the grounds stated in the motion to dismiss was evidently taken inadvertently and was properly set aside by him.
Our statute, section 6519, chapter 91, article 22, Revised Statutes 1899, now section 7617, chapter .65, article 9, Revised Statutes 1909, provides that justices of the peace in cities with 300,000 inhabitants or over “shall have jurisdiction in all actions brought to enforce mechanics’ liens, as provided by law for enforcing such liens in the circuit court, when the amount of balance claimed…
2Cases cited11 opinions
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- Heman v. LarkinMissouri Court of Appeals · 1903
- Brown v. PearsonSupreme Court of Missouri · 1843
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3Cited by4 opinions
- State Ex Rel. Standard Tank Car Co. v. SullivanSupreme Court of Missouri · 1920
- State v. HobbsMissouri Court of Appeals · 1925
- State ex rel. Chester v. TurnerMissouri Court of Appeals · 1914
- Budde v. United States Incandescent Lamp Co.Missouri Court of Appeals · 1916