Stephens v. Reberet
Missouri Court of Appeals
Appeal from Pemiscot County Circuit Court. — lion. Frank Kelly, Judge. The justice had jurisdiction of the subject-matter; and the plaintiff had a right to waive his claim for damages, thereby giving the justice jurisdiction. Buckner v. Armour, 1 Mo. 534; Best v. Best, 16 Mo. 530; Koester v. Lowenhardt, 160 S. W. 566; Wells v. Gouveia, 161 Mo.
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Appeal from Pemiscot County Circuit Court. — lion. Frank Kelly, Judge. The justice had jurisdiction of the subject-matter; and the plaintiff had a right to waive his claim for damages, thereby giving the justice jurisdiction. Buckner v. Armour, 1 Mo. 534; Best v. Best, 16 Mo. 530; Koester v. Lowenhardt, 160 S. W. 566; Wells v. Gouveia, 161 Mo. App. 563; Cook et al. v. Decker et al., 63 Mo. 328. A party may give jurisdiction to a justice of the peace by a voluntary renunciation of a part of his demand. It matters not what way the reduction of the demand is made, so the amount claimed is within…
1Opinion of the CourtRobertson, P. J.
— Plaintiff filed his statement and affidavit in replevin before a justice of the peace to recover possession of a cow and corn in the possession of the defendant. The defendant appeared and filed a motion to dismiss, alleging as his reason therefor that the justice had no jurisdiction. The motion was sustained and later the judgment sustaining it was set aside and thereafter the motion was overruled. The plaintiff then filed an amended statement and affidavit alleging the value of the cow and corn to be $250 and claimed $50 as damages for the taking and detention thereof, for all of which he…
2Cases cited10 opinions
- State v. SchenkSupreme Court of Missouri · 1911
- Gottschalk v. KlingerMissouri Court of Appeals · 1889
- Saunders v. ScottMissouri Court of Appeals · 1908
- Knoche v. PerryCourt of Appeals of Kansas · 1901
- Cook v. DeckerSupreme Court of Missouri · 1876
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3Cited by2 opinions
- Alexander v. McFarlandMissouri Court of Appeals · 1919
- Boysen v. McCullough and PattersonMissouri Court of Appeals · 1945