State ex rel. Auto Finance Co. v. Collins

I respectfully dissent from that portion of the majority opinion which holds the magistrate court has jurisdiction to quash the garnishment here involved.

Justice of the peace courts — the predecessors of magistrate courts — were of limited competency and clearly possessed no jurisdiction to entertain a motion to quash an execution. Brownfield v. Thompson, 96 Mo.App. 340, 70 S.W. 378; Carr v. Pennsylvania R. Co., 108 Mo.App. 388, 83 S.W. 981. In State ex rel. and to Use of Berra *533v. Sestric, 349 Mo. 182, 159 S.W.2d 786, 787, the limitations on the powers of the justice courts have been…