Sisk v. Rosenberger
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — IIon. Elijah Robinson, Judge. Tliis case falls within the doctrine announced in Peters v. Linenschmidt, 58 Mo. 464, and the trial court, therefore, erred in refusing the two instructions asked by defendant. The case of Hughes v. Cordon, 7 Mo. 297, is not an authority for plaintiff, for the notes involved in that suit being for $20 each, were within the exclusive original jurisdiction of the justice.
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Appeal from Montgomery Circuit Court. — IIon. Elijah Robinson, Judge. Tliis case falls within the doctrine announced in Peters v. Linenschmidt, 58 Mo. 464, and the trial court, therefore, erred in refusing the two instructions asked by defendant. The case of Hughes v. Cordon, 7 Mo. 297, is not an authority for plaintiff, for the notes involved in that suit being for $20 each, were within the exclusive original jurisdiction of the justice. Plaintiff had the right to bring the suit before a justice of the peace, it being within his jurisdiction.' Hughes v. Cordon, 7 Mo. 297; Phillips v. Riley,…
1Opinion of the Court
Philips, C.
This action was instituted in a justice’s court on the 27th day of September, 1880, in Montgomery county, by the plaintiff, Simeon Sisk, against one O. E. Musler and the defendant, founded on a promissory note, *48executed February 7th, 1872, by said defendants to plaintiff for the sum of $100, due one day after date, with ten per cent interest, to be compounded if not paid annually, etc. There were, several credits entered upon the note leaving, however, a balance thereon due in excess of $100, at the time of filing the same for suit.
The evidence at the trial showed, substantially,…
2Cases cited5 opinions
- Perry v. BarretSupreme Court of Missouri · 1853
- Hickam v. HollingsworthSupreme Court of Missouri · 1853
- Phillips v. RileySupreme Court of Missouri · 1858
- Peters v. LinenschmidtSupreme Court of Missouri · 1874
- Hughes v. GordonSupreme Court of Missouri · 1842
3Cited by5 opinions
- O'Howell v. KirkMissouri Court of Appeals · 1890
- Martinsburg Bank v. Bunch and Boil.Missouri Court of Appeals · 1923
- Hammond v. McHargueMissouri Court of Appeals · 1913
- Hardy & Mason v. WorthenMissouri Court of Appeals · 1893
- Collum v. LucksingerMissouri Court of Appeals · 1900