Legal Opinion

Barry v. Bannerman

Missouri Court of Appeals

Decided June 3, 1913PublishedCited by 1 opinion

Error to St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) A justice of the peace in the city of St. Louis has jurisdiction in unlawful detainer cases where the property is situated within his district.. See Secs. 7615, 7616 and 7617, R. S. 1909, which define the jurisdiction of justices of the peace of the city of St. Louis.

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Error to St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) A justice of the peace in the city of St. Louis has jurisdiction in unlawful detainer cases where the property is situated within his district.. See Secs. 7615, 7616 and 7617, R. S. 1909, which define the jurisdiction of justices of the peace of the city of St. Louis. (2) The fact that the property is in the justice of the peace district in which suit is instituted, is a jurisdiction fact and must affirmatively appear in the complaint lodged with the justice. Sec. 7904, R. S. 1909; Allen v. Scharringhausen, 8 Mo.…

1Opinion of the CourtNortoni, J.

This is a suit in unlawful detainer. Plaintiff recovered in the circuit court and defendants prosecute the writ of error here as plaintiffs in error.

The suit was instituted before George Grassmuck, justice of the peace, within and for the eighth district *144of the city of St. Louis, Missouri. Omitting signatures and affidavit showing a proper verification, the complaint is as follows:

“Ella K. Bannerman, Plaintiff, v. “Carter M. Barry and Carter A. Barry, Defendants.
“Before Hon. George Grassmuck, Justice of the Peace within and for the Eighth District of the City of St. Louis, Missouri.
“Ella In.…

2Cases cited7 opinions

  1. Silvey v. SummerSupreme Court of Missouri · 1875
  2. Higgins v. TurnerSupreme Court of Missouri · 1875
  3. Allen v. ScharringhausenMissouri Court of Appeals · 1880
  4. Walker v. HarperSupreme Court of Missouri · 1863
  5. Bast v. KetchumMissouri Court of Appeals · 1878

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Rogers v. DavisMissouri Court of Appeals · 1916

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