South St. Joseph Town Co. v. Scott
Missouri Court of Appeals
Error to Buchanan Circuit Court. — Now. Ghesley A. Mosman, Judge. (1) The court erred in sustaining the defendant’s motion to dismiss. (2) Jurisdiction over the subject-matter is defined by all courts of last resort and law-writers to be “the power inherent in the court to hear and determine a given class of cases.” The jurisdiction of the court over the subject-matter is determined by the pleadings. Dowdy v. Wamble, 110 Mg'. 280; Babb v. Bruere, 23 Mo.
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Error to Buchanan Circuit Court. — Now. Ghesley A. Mosman, Judge. (1) The court erred in sustaining the defendant’s motion to dismiss. (2) Jurisdiction over the subject-matter is defined by all courts of last resort and law-writers to be “the power inherent in the court to hear and determine a given class of cases.” The jurisdiction of the court over the subject-matter is determined by the pleadings. Dowdy v. Wamble, 110 Mg'. 280; Babb v. Bruere, 23 Mo. App. 604; State ex rel. v. Smith, 104 Mo. 419. (3) It was the duty of the circuit court on appeal to proceed to try the case de novo, without…
1Opinion of the CourtBroaddus, P. J.
— In June, 1904, plaintiff in error instituted this suit before a justice of the peace of Buchanan county against defendant as its tenant, for the possession of certain premises situated in St. Joseph, Missouri, and for judgment against him for rent past due in the sum of $262.50. After a change of venue to another justice, the cause was tried, and plaintiff in error recovered judgment for possession of the premises, and for $312 for its debt, from which defendant appealed. While the case was pending in the justice court defendant made application to have it certified to the circuit court, on…
2Cases cited5 opinions
- State ex rel. Ballew v. WoodsonSupreme Court of Missouri · 1901
- Simpson v. WatsonMissouri Court of Appeals · 1884
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Walter Commission Co. v. GillelandMissouri Court of Appeals · 1903
- January v. StephensonMissouri Court of Appeals · 1876