McCune v. Hull
Supreme Court of Missouri
Error to St. Louis Circuit Court. The petition alleged that the plaintiffs and defendants were tenants in common of a tract of land in St. Louis, and that the defendants had received all the rents and profits. The plaintiffs prayed for an account, and for judgment for their proportion. A demurrer to the petition, for want of jurisdiction, was sustained by the Circuit Court.
1Opinion of the CourtScott, Judge
1. By the constitution, it is prescribed that the Circuit Court shall have exclusive original jurisdiction in all civil cases, which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly. The Circuit Court, then, is the original constitutional court, possessing all jurisdiction not exercised by justices of the peace. When, therefore, other tribunals are created, clothed with a portion of the jurisdiction of this original court, and a question arises between this original court and those afterwards created, in cases of *597doubt, the presumption…
2Cited by2 opinions
- Patrick v. AbelesSupreme Court of Missouri · 1858
- Schlicker v. GordonSupreme Court of Missouri · 1881