Roth v. Tiedeman
Supreme Court of Missouri
Appeal from Oape Girardeau Court of Common Pleas. I. The Cape Girardeau Court of Common Pleas has jurisdiction of actions seeking to enforce mechanics’ liens. (Sess. Acts 1853, p. 81, § 1; W. S., 999, § 1.) II. The cases of Schell vs. Leland, 45 Mo., 289, and Gaty vs. Brown, 11 Mo., 139, cited by defendants, do not apply, for the jurisdiction of the courts referred'to was expressly limited.
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Appeal from Oape Girardeau Court of Common Pleas. I. The Cape Girardeau Court of Common Pleas has jurisdiction of actions seeking to enforce mechanics’ liens. (Sess. Acts 1853, p. 81, § 1; W. S., 999, § 1.) II. The cases of Schell vs. Leland, 45 Mo., 289, and Gaty vs. Brown, 11 Mo., 139, cited by defendants, do not apply, for the jurisdiction of the courts referred'to was expressly limited. I. The act, creating 'the Court of Common Pleas of Cape Girardeau county, does not confer jurisdiction on the court to enforce mechanics’ liens. (Sess. Acts 1853, p. 81.) ' II. The act organizing the court…
1Opinion of the CourtSherwood, Judge
This was an action brought by Caspar Roth and others, in the Cape Girardeau Court of Common Pleas against Diederick F. Tiedeman and the Board of Education of the City of Capé Girardeau, to enforce a mechanic’s lien against certain property in that city.
The court dismissed the case on the ground, that it had no jurisdiction for the enforcement of such liens, and this is the only question presented by the record.
Section 1, of the supplementary act of 1853, relating to that court provides, that it shall have “concurrent original jurisdiction in all civil actions at law with the Circuit Court.”
Thi…
2Cases cited1 opinion
- Schell v. LelandSupreme Court of Missouri · 1870
3Cited by3 opinions
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Oliver v. SniderSupreme Court of Missouri · 1903
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894