Walker v. Harper
Supreme Court of Missouri
Appeal from St. Louis Land Court. I. The justice before whom this suit was commenced had no jurisdiction of the case, as it was neither alleged or proved that the property sued for was within his ward; and by 33d sec. of 2 R. C. 1855, p. 1016, his jurisdiction in landlord and tenant proceedings is confined to cases in his ward. The justice had no jurisdiction except that given in 26 Mo. 601, and consent even cannot give it.
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Appeal from St. Louis Land Court. I. The justice before whom this suit was commenced had no jurisdiction of the case, as it was neither alleged or proved that the property sued for was within his ward; and by 33d sec. of 2 R. C. 1855, p. 1016, his jurisdiction in landlord and tenant proceedings is confined to cases in his ward. The justice had no jurisdiction except that given in 26 Mo. 601, and consent even cannot give it. (20 Mo. 350.) This landlord and tenant proceeding is a special statutory one, and to sustain jurisdiction it must be affirmatively alleged and shown. II. The second…
1Opinion of the CourtBates, Judge
This is a proceeding, under the landlord and tenant law, for the possession of a lot in the city of St. Louis. It was tried before a justice of: the peace, where the plaintiff had judgment. The defendant appealed to the Land Court, where judgment was given against her, and she appealed to this court.
It appears that Thomas Nugent, who was assignee of a lease from Peter Lindell to one Keegan, who had assigned it to Nugent, sublet a portion of the leased property to the trustee of Mrs. Core, at a rent equal to one-fourth of the rent Nugent was to pay Lindell, who transferred the sublease to the…
2Cited by6 opinions
- Silvey v. SummerSupreme Court of Missouri · 1875
- Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.Supreme Court of Missouri · 1897
- Stagg v. Eureka Tanning & Currying Co.Supreme Court of Missouri · 1874
- Kennedy v. PrueittMissouri Court of Appeals · 1887
- McKinney v. HarralMissouri Court of Appeals · 1888
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