Fitzgerald v. Jones
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The act to establish the Land Court of St. Louis county was passed December 12, 1855, and by the second section of that act to the Land Court was given “ exclusive original jurisdiction in actions brought in St. Louis county for recovering the possession of any real estate therein ; for enforcing any right, claim, demand or lien to or upon the same,” &c.
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Appeal from St. Louis Circuit Court. I. The act to establish the Land Court of St. Louis county was passed December 12, 1855, and by the second section of that act to the Land Court was given “ exclusive original jurisdiction in actions brought in St. Louis county for recovering the possession of any real estate therein ; for enforcing any right, claim, demand or lien to or upon the same,” &c. By the 15th section of the same act “ liens of mechanics, builders, &c., &c., in said county are required to be filed in the office of the clerk of the Land Court.” The special mechanics’ lien law was…
1Opinion of the CourtDryden, Judge
This was a suit brought in the St. Louis Circuit Court for the enforcement of a mechanic’s lien. Judgment having been rendered for the plaintiff, on the motion of the defendants, the judgment was arrested and the cause was dismissed; whereupon the plaintiff appealed.
The single question presented by the record is, whether the Circuit Court had jurisdiction of the subject of the action— the plaintiff insisting that that court had concurrent jurisdiction, while, on the other hand, the defendants contend that the exclusive jurisdiction was in the Land Court. The question brings under…
2Cases cited2 opinions
- Ashburn v. AyresSupreme Court of Missouri · 1859
- Gaty, McCune & Glasby v. BrownSupreme Court of Missouri · 1847