Randall v. Lee
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. O. L. Dobson, Judge. (1) The filing or lodging of the original instrument sued on with the justice of the peace is absolutely necessary to give jurisdiction of the subject-matter of the action, and the justice can exercise no jurisdiction but that conferred by Revised Statutes, 1889, section 6139. Olin v. Zeigler, 46 Mo. App. 193; Ins. Co. v. Foster, 56 Mo.
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Appeal from the Jackson Circuit Court. — Hon. O. L. Dobson, Judge. (1) The filing or lodging of the original instrument sued on with the justice of the peace is absolutely necessary to give jurisdiction of the subject-matter of the action, and the justice can exercise no jurisdiction but that conferred by Revised Statutes, 1889, section 6139. Olin v. Zeigler, 46 Mo. App. 193; Ins. Co. v. Foster, 56 Mo. App. 197; Peddicord v. B. B., 85 Mo. 162; Dillard v. B. B., 58 Mo, 74. Said section 6139 provides the limit for filing the note sued on and directs dismissal in case of failure. Peddicord v. B.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought on a promissory note before a justice of the peace. The cause was removed by appeal to the circuit court where the plaintiff had judgment and defendant Lee appealed.
J fisungEfn’struu-rts: inent; junsd.cI. It is objected that the circuit court was without jurisdiction of the cause for the reason that the •instrument upon which the suit was founded was not filed with the justice be-.¡?ore whom the suit was brought as required by section 6139, Revised Statutes. The justice’s docket recites that plaintiff filed a promissory note for $257.70. That sued on was…
2Cases cited6 opinions
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Olin v. ZeiglerMissouri Court of Appeals · 1891
- Feurt v. BrownMissouri Court of Appeals · 1886
- Webb v. AllingtonMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- Great Western Printing Co. v. BelcherMissouri Court of Appeals · 1907
- Third National Bank v. D. A. Faults & Co.Missouri Court of Appeals · 1905
- Boonville National Bank v. ThompsonSupreme Court of Missouri · 1936
5 more not listed; retrieve them via the Exa API.