Hull v. Beard
Missouri Court of Appeals
Error to the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The justice had jurisdiction to try and determine the attachment suit on the allegations of the complaint and affidavit although the rent was not then due. 2 R. S. 1889, sec. 6384; Newman v. York, 74 Mo. App. 292. (2) The circuit court acquired jurisdiction of said cause on appeal.
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Error to the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The justice had jurisdiction to try and determine the attachment suit on the allegations of the complaint and affidavit although the rent was not then due. 2 R. S. 1889, sec. 6384; Newman v. York, 74 Mo. App. 292. (2) The circuit court acquired jurisdiction of said cause on appeal. “Any person aggrieved by any judgment rendered by a justice of the peace, except a judgment by confession, may, * * * make his appeal therefrom, unless otherwise provided by law, to the circuit court of the same county where the judgment was…
1Opinion of the CourtSmith, P. J.
This is an action by attachment which was commenced before a justice of the peace under section 6384, Revised Statutes, to secure the payment of rent thereafter to become due. On the issue raised before the justice by the plea in abatement the defendant had judgment dissolving the attachment. The plaintiff appealed. There was no trial or judgment on the merits before the justice. In the circuit court there was again a trial of the issue resulting in judgment for plaintiff. There was no trial or judgment on the merits. Afterwards the court, on the motion of the defendant, dismissed the appeal.…
2Cases cited8 opinions
- Garrett v. GreenwellSupreme Court of Missouri · 1887
- Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Duncan v. ForgeyMissouri Court of Appeals · 1887
- Musgrove v. MottSupreme Court of Missouri · 1886
- Crawford v. ArmstrongMissouri Court of Appeals · 1894
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3Cited by3 opinions
- Estate of Fields v. Estate of HendersonMissouri Court of Appeals · 1928
- Glass v. CareyMissouri Court of Appeals · 1911
- First National Bank v. KibbleMissouri Court of Appeals · 1925