State ex rel. Lingenfelder v. Lewis
Supreme Court of Missouri
Prohibition. The case is within the jurisdiction of the supreme court. Moshier n. S hear, 100 111. 469; Capen v. Desteiger, 105 111. 190. The rule announced in the case of Kerr v. Simmonds, 82 Mo. 269, is more favorable to respondents than to appellant, for by an inspection of the whole case, it will appear that the matter in dispute is the item of $3446.75. The other cases cited by appellant are without application.
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Prohibition. The case is within the jurisdiction of the supreme court. Moshier n. S hear, 100 111. 469; Capen v. Desteiger, 105 111. 190. The rule announced in the case of Kerr v. Simmonds, 82 Mo. 269, is more favorable to respondents than to appellant, for by an inspection of the whole case, it will appear that the matter in dispute is the item of $3446.75. The other cases cited by appellant are without application. State ex rel. v. Court of Appeals, 87 Mo. 569, held that in a suit upon a bond, the jurisdiction was fixed by the amount of damages to which the relator was entitled, and not by…
1Opinion of the CourtBrace, J.
In this proceeding thé petitioners seek to restrain by writ of prohibition the respondents, judges of the St. Louis court of appeals, from proceeding to hear and determine the case of P. J. Lingenfelder et al. vs. Wainwright Brewing Company, taken on appeal to said court by the said defendant from the St. *148Louis city circuit court, on the ground that the amount in dispute on such appeal is beyond the jurisdiction of said appellate court. In that action, the plaintiffs sued the defendant for $7,211.30, and the defendant denied plaintiffs’ cause of action and set up a counter-claim for three…
2Cases cited2 opinions
- Kerr v. SimmonsSupreme Court of Missouri · 1884
- State ex rel. Heye v. St. Louis Court of AppealsSupreme Court of Missouri · 1885
3Cited by15 opinions
- Vanderberg v. Kansas City, Missouri, Gas Co.Supreme Court of Missouri · 1906
- May v. Jarvis-Conklin Mortgage Trust Co.Supreme Court of Missouri · 1897
- McGregor v. PollardSupreme Court of Missouri · 1895
- Wilson v. RusslerSupreme Court of Missouri · 1901
- Pittsburg Bridge Co. v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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