Robbins v. Conley
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. D. A. JDeArmond, Judge. (1) Jurisdiction cannot be obtained before a justice of tbe peace by dividing a claim, and bringing several suits at tlie same time for parts of the same claim. If justice had no jurisdiction of the entire cause of action, he could have none of any of the three parts into which it was divided by plaintiffs ; because a single cause of action cannot be severed so as to confer jurisdiction on justice.
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Appeal from the Bates Circuit Court. — Hon. D. A. JDeArmond, Judge. (1) Jurisdiction cannot be obtained before a justice of tbe peace by dividing a claim, and bringing several suits at tlie same time for parts of the same claim. If justice had no jurisdiction of the entire cause of action, he could have none of any of the three parts into which it was divided by plaintiffs ; because a single cause of action cannot be severed so as to confer jurisdiction on justice. The above rule, that one having a single cause of action may not divide it, and thereby confer jurisdiction upon a couft of…
1Opinion of the CourtGill, J.
Plaintiffs, who were merchants at Rozier, Bates county, Missouri, on August 22, 1890, held an account against defendant Conley, for goods sold him during the three months preceding, with a balance due thereon'of $614.71. On said day plaintiffs went to a justice of the peace, and in order to come, as they thought, within the justice’s jurisdiction, divided the account in three parts, including in one certain items amounting to $216.41, in another, charges amounting to $227.61, and in still another, the remaining items of the account amounting to $170.69. And on these various divisions…
2Cases cited4 opinions
- Beach v. NortonSupreme Court of Connecticut · 1830
- Hempler v. SchneiderSupreme Court of Missouri · 1852
- Kearns v. . HeitmanSupreme Court of North Carolina · 1889
- Denny v. EckelkampSupreme Court of Missouri · 1860
3Cited by4 opinions
- Hill v. Chowning, Scott & Co.Missouri Court of Appeals · 1902
- Matthews v. EbyMissouri Court of Appeals · 1912
- Atoka Milling Co. v. GroomerSupreme Court of Oklahoma · 1928
- Alkire Grocer Co. v. TagartMissouri Court of Appeals · 1895