Mitchell Planing Mill Co. v. Short
Missouri Court of Appeals
Appeal from the Jackson Circuit Cowt. — Hon. J. H. Sloyer, Judge. (1) The justice had no jurisdiction because the ‘ amount or balance claimed to be due exceeded $250. Plaintiff’s account filed shows balance of $251.65. His petition claims this amount exclusive of interest and costs. The justice found the debt to be $251.65, interest $6.25, and for the aggregate and costs plaintiff took judgment.
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Appeal from the Jackson Circuit Cowt. — Hon. J. H. Sloyer, Judge. (1) The justice had no jurisdiction because the ‘ amount or balance claimed to be due exceeded $250. Plaintiff’s account filed shows balance of $251.65. His petition claims this amount exclusive of interest and costs. The justice found the debt to be $251.65, interest $6.25, and for the aggregate and costs plaintiff took judgment. R. S. Mo. 1889, see. 6159. (2) The circuit court had no jurisdiction because the justice had none. Batchelor v. Bess, 22 Mo. 402; Weeb v. Tiveedie, 30 Me. 490; Stone v. Corbett, 20 Mo. 354. (3) The…
1Opinion of the CourtSmith, P. J.
This is an action which was brought before a justice of the peace to enforce a mechanics’ lien for $251.65, exclusive of interest. There was a trial in the circuit court where the cause was removed by appeal, which resulted in judgment for plaintiff for $257.01, with costs, from which the defendants have appealed.
The defendants assail the judgment on the ground that the justice had no jurisdiction of the action because the amount claimed exceeded the sum of $250..
Section 6159, Revised Statutes, provides that in counties having over fifty thousand inhabitants, of which the county of Jackson,…
2Cases cited3 opinions
- Bray v. MarshallSupreme Court of Missouri · 1877
- Batchelor v. BessSupreme Court of Missouri · 1856
- Smith v. AshbySupreme Court of Missouri · 1855
3Cited by2 opinions
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Baskowitz v. GuthrieMissouri Court of Appeals · 1903