Alkire Grocer Co. v. Tagart
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in entertaining jurisdiction of this suit after the trial of the other case and judgment therein. Justice of the peace had no jurisdiction.
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Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in entertaining jurisdiction of this suit after the trial of the other case and judgment therein. Justice of the peace had no jurisdiction. The evidence shows, and is undisputed that at the time this suit was brought all the claim plaintiff had or pretended to have against defendant was due, and that the plaintiff’s agent and the justice split up the demand so as to give the justice jurisdiction the whole amount then claimed exceeding his jurisdiction. This could not be done. R. S. 1889, secs. 6142 and 3; 59 Mo.…
1ConcurrenceEllison, J.
(concurring). — An examination of the record has led me to a concurrence in the opinion of Smith, P. J. The record discloses this state of facts in reference to the purchases of goods made by defendant: On June 12, 1890, he bought a bill amounting to $89.42. This bill was on sixty days time, but if cash was paid in ten days or less, one per cent, was to be deducted. On July 25, 1890, he bought a bill amounting to $13.11, on thirty days time, with one per cent, off, if he would pay in ten days or less. On the same day he bought another bill amounting to $44.94, on sixty days time, two per…
2Cases cited7 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Phillips v. BericicNew York Supreme Court · 1819
- Miller v. CovertNew York Supreme Court · 1828
- Smith v. JonesNew York Supreme Court · 1818
- Dulaney v. PayneIllinois Supreme Court · 1882
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