City of St. Louis v. Rudolph
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. I. The justice’s court in which this suit was originally-brought had no jurisdiction of the cause of action. It is remarked, first, that justices’ courts have no jurisdiction except what is conferred upon them by act of the Legislature. (Williams v. Bower, 26 Mo. 601.) Under the general law, none but courts of record can enforce liens or claims against realty.
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Appeal from St. Louis Law Commissioner’s Court. I. The justice’s court in which this suit was originally-brought had no jurisdiction of the cause of action. It is remarked, first, that justices’ courts have no jurisdiction except what is conferred upon them by act of the Legislature. (Williams v. Bower, 26 Mo. 601.) Under the general law, none but courts of record can enforce liens or claims against realty. The act creating the Land Court, approved December 12, 1855, gives that court exclusive original jurisdiction.
1Opinion of the CourtHolmes, Judge
This was a suit upon a certified tax bill for paving an alley in the City of St. Louis, under an act entitled “An act supplementary to the several acts incorporating the City of St. Louis,” approved January 16,1860, which provided that the contractor for the work, to whom the certified bill should be delivered, when made out and certified by the city engineer, should proceed to collect the same “ by ordinary process of law,” in the name of the city to his own use. The previous act of March 5, 1855, had provided that “ such lien may be enforced by a special tax, levy and sale, or also by…
2Cited by5 opinions
- Bambrick v. CampbellMissouri Court of Appeals · 1889
- City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
- Kingsland & Ferguson Manufacturing Co. v. ChrismanMissouri Court of Appeals · 1887
- City of Kansas ex rel. Enright v. RiceSupreme Court of Missouri · 1886
- City of St. Louis ex rel. McDonald v. BoyceSupreme Court of Missouri · 1866