Pitman v. 16 To 1 Mining Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon J. D. Perkins, Judge. In cases appealed from justices’ courts, tlie circuit court has no jurisdiction to determine matters resting in or growing out of equitable estoppel. Kelckner v. Morris, 75 Mo. App. 588; Hicks v. Martin, 25 Mo. App. 359; Enlow y. Newland, 22 Mo. App. 581; Hannah v. Baylor, 27 Mo. App. 302; Rankin v. Fairley, 29 Mo. App. 587; Iron Co. v. McDonald, 61 Mo. App. 559 ; Phillips v. Burrows, 64 Mo.
Read the full summary
Appeal from the Jasper Circuit Court. — Hon J. D. Perkins, Judge. In cases appealed from justices’ courts, tlie circuit court has no jurisdiction to determine matters resting in or growing out of equitable estoppel. Kelckner v. Morris, 75 Mo. App. 588; Hicks v. Martin, 25 Mo. App. 359; Enlow y. Newland, 22 Mo. App. 581; Hannah v. Baylor, 27 Mo. App. 302; Rankin v. Fairley, 29 Mo. App. 587; Iron Co. v. McDonald, 61 Mo. App. 559 ; Phillips v. Burrows, 64 Mo. App. 351; Sandige v. Hill, 70 Mo. App. 71; Seeser v. Southwick, 66 Mo. App. 667; McCann y. Sawyer, 59 Mo. App. 480; Moore v. Freeman, 50…
1Opinion of the CourtEllison, J.
This action is on an account for coal and was begun before a justice of the peace. On appeal to the circuit court plaintiff had judgment for $113.53. The defendants are sued as members of a -partnership known as the 16 to 1 Mining Company. The only contest in the cause relates to the liability of defendant Bryant. He denies being a partner with his codefendants. The plaintiff sought to hold him on two theories: viz., that he was in fact a partner, and that he held himself out as a partner. These theories were submitted to the jury by both parties in instructions, which, when taken together,…
2Cases cited14 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Drexel v. BerneySupreme Court of the United States · 1887
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Barnard v. German American SeminaryMichigan Supreme Court · 1882
- Hicks v. MartinMissouri Court of Appeals · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1916
- Roumeloitis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- State Ex Rel. v. Taylor HartmannMissouri Court of Appeals · 1922