Legal Opinion

Lang v. Calloway

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 7 opinions

Appeal from the Jasper Circuit Court. — Hon. Howard Gray, Special Judge. The cause should be reversed because the record shows on the face thereof that the circuit court had no original jurisdiction of the subject-matter of the action. R. S. 1889, sec. 3318, act of the legislature approved April 1, 1891; Session Laws 1891, p. 107; Mason v. Hannah, 30 Mo.

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Appeal from the Jasper Circuit Court. — Hon. Howard Gray, Special Judge. The cause should be reversed because the record shows on the face thereof that the circuit court had no original jurisdiction of the subject-matter of the action. R. S. 1889, sec. 3318, act of the legislature approved April 1, 1891; Session Laws 1891, p. 107; Mason v. Hannah, 30 Mo. App. 190; R. S. 1889, sec. 6168, as amended by act of the legislature approved February 25, 1891; Session Laws 1891, p. 174; State v. Davis, 16 Atl. Rep. 529; 70 Md. 236; Fraser v. Alexander, 16 Pac. Rep. 759; People v. Dobins, 14 Pac. Rep.…

1Opinion of the CourtSmith, P. J.

The plaintiff brought an action of replevin in the circuit court of Jasper county, and alleged in his petition the value of the property to be $250, and that the damages occasioned by its detention was $25. The plaintiff had judgment in the circuit court, and the defendant has appealed.

The defendant assails the judgment on the distinct ground that it is apparent upon the face of the record that the circuit court did not have jurisdiction of the action. Section 6168, Revised Statutes, provides, that in all counties having a population of fifty thousand inhabitants (to which class Jasper county…

2Cases cited7 opinions

  1. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  2. State ex rel. Maguire v. DraperSupreme Court of Missouri · 1870
  3. State ex rel. Attorney General v. HeidornSupreme Court of Missouri · 1881
  4. State ex rel. Brown v. KleinSupreme Court of Missouri · 1893
  5. City of St. Louis v. HowardSupreme Court of Missouri · 1893

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3Cited by7 opinions

  1. Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
  2. State ex rel. Hay v. HindsonMontana Supreme Court · 1910
  3. Berdella v. PenderSupreme Court of Missouri · 1991
  4. Parlin & Orendorff Co. v. HordSupreme Court of Missouri · 1898
  5. Parlin Orendorf Co. v. HordMissouri Court of Appeals · 1899

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

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