Bennett v. McCaffery
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. It was the duty of the justice to certify the cause to the circuit court upon the filing of the affidavit. Rev. Stat., sect. 2931; Meier v. Thieman, 90 Mo. 433.
1Opinion of the CourtThompson, J.
This is a proceeding against a justice of the peace to compel him to certify a cause, and transmit the papers and process therein, to the clerk of the circuit court, because of the fact that the defendant therein has filed an affidavit showing that title to real estate is in issue therein, as provided in Revised Statutes, section 2931. The return of the justice sets out, in the form of exhibits, the complaint, the summons, and the sworn plea of the defendant therein, setting up that title to real estate was in issue. These exhibits show that the proceeding before the justice was a landlord’s…
2Cases cited3 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- State ex rel. Alexander v. RyanMissouri Court of Appeals · 1876
- Harper v. BakerSupreme Court of Missouri · 1845
3Cited by2 opinions
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
- State ex rel. Huston v. GanzhornMissouri Court of Appeals · 1893