Mooney v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. I. The justice of the peace had jurisdiction of the action. (Sess. Acts, 1847, p. 157; id. p. 247 ; Sess. Acts, 1853, p. 321; Sess. Acts, 1855, p. 414; Sess. Acts, 1851, p. 232.) I. The circuit court committed no error in dismissing the suit. The justice had no jurisdiction.
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Appeal from Macon Circuit Court. I. The justice of the peace had jurisdiction of the action. (Sess. Acts, 1847, p. 157; id. p. 247 ; Sess. Acts, 1853, p. 321; Sess. Acts, 1855, p. 414; Sess. Acts, 1851, p. 232.) I. The circuit court committed no error in dismissing the suit. The justice had no jurisdiction. The defendant was incorporated prior to the passage of the general railroad act of 1855. All railroad corporations existing prior to the passage of said act are exempt from the jurisdiction of justices of the peace except as in that act and in their own charters provided. (R. C. 1855, p.…
1Opinion of the CourtNapton, Judge
This was a suit brought before a justice of the peace by a laborer upon the Hannibal and St. Joseph Railroad against the company, under the twelfth section of the general railroad act. (R. C. 1855, p. 414.) The circuit court held that the justice had no jurisdiction, and this is the only question presented.
The general law, which formerly prohibited suits against corporations before justices of the peace, was repealed by the act of February 17,1851. The jurisdiction in this case depends, therefore, entirely upon the construction given to the prohibition contained in the thirty-eighth section…
2Cases cited1 opinion
- Fatchell v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1859
3Cited by3 opinions
- Groves v. Kansas City, St. Joseph & Council Bluffs, RailroadSupreme Court of Missouri · 1874
- Bethune v. Cleveland, St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1899
- Grannahan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1860