Webb v. Tweedie
Supreme Court of Missouri
Error to Lafayette Circuit Court. I. The justice of the peace had no jurisdiction of the cause. (R. C. 1855, p. 925, § 2, 3. If the defendants or either of them were liable at all, they were liable purely as trespassers, and the evidence disclosed no state of facts upon which a contract, either express or implied, could arise.
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Error to Lafayette Circuit Court. I. The justice of the peace had no jurisdiction of the cause. (R. C. 1855, p. 925, § 2, 3. If the defendants or either of them were liable at all, they were liable purely as trespassers, and the evidence disclosed no state of facts upon which a contract, either express or implied, could arise. If the action of the court below can be sustained, then the distinctions made by the statute in conferring jurisdiction on justices of the peace in the various cases therein enumerated are all broken down and are useless. The same cause of action and no other is to bo…
1Opinion of the CourtEwing, Judge
The plaintiff sued Tweedie and another before a justice of the peace on an account, claiming ninety dollars as the value of a bull killed by the defendant; to which was appended a statement to the effect that the plaintiff waived the wrong and sued in assumpsit. There was a judgment for the plaintiff for the sum claimed, from which Tweedie took an appeal to the circuit court. On a trial in the circuit court, after evidence had been given tending to prove that the defendants killed the bull, and that his value was seventy-five dollars, the defendants filed a motion to dismiss said suit for…
2Cases cited1 opinion
- Darby v. SwartzSupreme Court of Missouri · 1847
3Cited by8 opinions
- Spencer v. VanceSupreme Court of Missouri · 1874
- Compton v. ParsonsSupreme Court of Missouri · 1882
- State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
- Dillard v. Louis, Kansas City & Northern R. Co.Supreme Court of Missouri · 1874
- Sandeen v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
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