Summons v. Beaubien
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. I. The recorder of the city of Hannibal had jurisdiction of the subject matter of this suit, by virtue of an act of February 14,1851. (Sec. 5, Art. 8.) II. The jurisdiction being specially conferred on this officer, his proceeding^ the case must be in strict accordance with the direction as to the mode of proceeding.
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Error to Hannibal Court of Common Pleas. I. The recorder of the city of Hannibal had jurisdiction of the subject matter of this suit, by virtue of an act of February 14,1851. (Sec. 5, Art. 8.) II. The jurisdiction being specially conferred on this officer, his proceeding^ the case must be in strict accordance with the direction as to the mode of proceeding. The objection that the petition does not state facts sufficient to constitute a cause of action, is not waived by omission to take it by demurrer or answer. Defendant can avail himself of the objection by motion in arrest of judgment.…
1Opinion of the CourtHolmes, Judge
This was an appeal-from the recorder of the city of Hannibal to the Hannibal Court of Common Pleas, from which it comes here by writ of error. By an act amendatory of the acts incorporating the city (Art. VIII., §§ 1-7, Acts of 1851, p. 335), the city recorder is invested with the powers and jurisdiction of a justice of the peace, and with special jurisdiction in certain other cases, among which are “ actions for the recovery of personal property, alleged to be unlawfully detained,” not exceeding one hundred dollars in value; and “ actions in such cases are to be conducted after the rales *309gove…
2Cited by7 opinions
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- School District No. 45 v. CorrellMissouri Court of Appeals · 1926
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