Kennedy v. Prueitt
Missouri Court of Appeals
Appeal from the St.' Louis Circuit Court, Shepard Barclay, Judge. The jurisdictional facts must be alleged in the petition or complaint, and be proved on the trial, hence the appellant’s instructions, in the nature of demurrers to the evidence, should have been given. Backenstoe v. Railroad, 88 Mo. 492; Roberts v. Railroad, 19 Mo. App. 649 ; Haggard v. Railroad, 63 Mo. 302; Creason v. Railroad, 17 Mo. App.
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Appeal from the St.' Louis Circuit Court, Shepard Barclay, Judge. The jurisdictional facts must be alleged in the petition or complaint, and be proved on the trial, hence the appellant’s instructions, in the nature of demurrers to the evidence, should have been given. Backenstoe v. Railroad, 88 Mo. 492; Roberts v. Railroad, 19 Mo. App. 649 ; Haggard v. Railroad, 63 Mo. 302; Creason v. Railroad, 17 Mo. App. Ill; BelieTl v. Leland, 45 Mo. 289. The appellant’s instructions, in the nature of demurrers to the evidence, should have been given, because the respondent’s evidence showed that .the…
1Opinion of the CourtRombauer, J.
A preliminary question to be disposed of is, whether' the trial court had jurisdiction in the premises. The-action is one of unlawful entry and detainer, and was removed by certiorari from the justice to the circuit court. As the circuit court has no original jurisdiction in these cases, it could acquire none by removal, provided the justice before whom the suit was originally brought had none. McQuoid v. Lamb, 19 Mo. App. 153; Gideon v. Hughes, 21 Mo. App. 528; Fletcher v. Keyte, 66 Mo. 285.
The complaint purports to have been filed before-one Thomas Campbell, justice of the peace in and for…
2Cases cited9 opinions
- Bradley v. WestSupreme Court of Missouri · 1875
- Silvey v. SummerSupreme Court of Missouri · 1875
- Bartlett v. DraperSupreme Court of Missouri · 1856
- Miller v. NorthupSupreme Court of Missouri · 1872
- Fletcher v. KeyteSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Hampton v. MasseyMissouri Court of Appeals · 1893
- McKinney v. HarralMissouri Court of Appeals · 1888
- Fitzpatrick v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Barry v. BannermanMissouri Court of Appeals · 1913