Graham v. Conway
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Hon. A. D. Bumes, Judge. (1J The alternative writ and auxiliary restraining order were properly granted and should have been made permanent, for the reason that when defendant in the justice court-filed his answer and affidavit setting up an equitable defense and putting a land title in issue, the justice lost jurisdiction of the cause and should have been prohibited from proceeding further therewith.
Read the full summary
Appeal from Andrew Circuit Court. — Hon. A. D. Bumes, Judge. (1J The alternative writ and auxiliary restraining order were properly granted and should have been made permanent, for the reason that when defendant in the justice court-filed his answer and affidavit setting up an equitable defense and putting a land title in issue, the justice lost jurisdiction of the cause and should have been prohibited from proceeding further therewith. R. S. 1899, sec. 3837; R. S. 1899, secs. 4448-4456; Constitution of Missouri, art. 6, sec. 23; Bennett v. McCaffery, 28 Mo. App. 220; State ex rel. v.…
1Opinion of the CourtSmith, P. J.
— The case briefly stated is about this: Respondent James Graham brought an action of forcible detainer against the relator before a justice of the peace to recover the possession of 169 acres of land; on the day the case was set for trial before the justice, relator filed a petition in the circuit court, in which he was plaintiff and the said respondent, James Graham, was defendant,, wherein it was alleged that plaintiff did certain work and labor and performed certain services for defendant during a period of thirteen years, under a contract with defendant by which he (defendant) agreed…
2Cases cited12 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- Spalding v. MayhallSupreme Court of Missouri · 1858
- State ex rel. Williams v. AnthonyMissouri Court of Appeals · 1896
- Craig v. DonnellyMissouri Court of Appeals · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McNeill v. McNeillMissouri Court of Appeals · 1970
- Redman v. PerkinsMissouri Court of Appeals · 1906
- Shull v. HatfieldMissouri Court of Appeals · 1947